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Form  L-9— 5m-7,'23 


ACTUAL  GOVERNMENT 
OF  NEW  YORK 


A  MANUAL  OF  THE   LOCAL,  MUNICIPAL,  STATE 

AND  FEDERAL  GOVERNMENT  FOR  USE  IN 

PUBLIC  AND  PRIVATE  SCHOOLS 

OF  NEW  YORK  STATE 


BY 
FRANK  DAVID  BOYNTON 

SUPERINTENDENT    OF    SCHOOLS,   ITHACA,   NEW   YORK,   AUTHOR   OF 

"SCHOOL    CIVICS,"  "MANUAL   OF    CIVICS,"  "SYLLABUS 

OF   CIVICS,"   "  PLANE    GEOMETRY,"  ETC. 


"W7iat  we  seek  is  the  reign  of  law,  based 
upon  the  consent  of  the  governed  and  sus- 
tained by  the  organized  opinion  of  mankind." 
Woodrow  Wilson,  July  4,  1918 


REVISED  EDITION 


45197 


GINN  AND  COMPANY 

BOSTON     •     NEW   YORK     •     CHICAGO     •     LONDON 
ATLANTA     •    DALLAS    '    COLUMBUS     •    SAN    FRANCISCO 


COPYRIGHT,  1904,  1911,  1916,  1918,  BY 
FRANK  DAVID  BOYNTON 


AM.    RIGHTS    RESERVED 
520.11 


GINN  AND  COMPANY  ■  PRO- 
PRIETORS •  BOSTON  •  U.S.A. 


5>' 

PREFACE 

In  the  preparation  of  this  edition  of  "Actual  Government 
r)  of  New  York"  the  author  has  associated  with  him  three 
"*  teachers  of  civics  in  as  many  cities  of  the  state,  and  has 
v  made  use  of  the  suggestions   received  from  teachers  who 
used  the  first  edition.     In  this  way  the  present  book  has 
been  worked  out.    Both  subject  matter  and  arrangement  have 
been  subjected  to  the  study  and  criticism  of  classroom  teach- 
ers.    Teachers  who  used  the  first  edition  have  helped  in  no 
\  small  degree  to  produce  the  present  book.     Many  of  them 
v  will  find  that  their  suggestions  have  been  incorporated  as 
made,  while  others  will  find  theirs  somewhat  modified.    Ex- 
tremes, or  "fads,"  in  government  have  been  ignored,  but  the 
substantial  and   healthy  development  of  democratic  repre- 
sentative government  has  been  definitely  pointed  out  in  both 
the  text  and  the  illustrations. 
I       A  textbook  in  civics  treats  of  a  large  body  of  facts  which 
\  change  or  which  may  change  with  every  session  of  the  legis- 
^  lature  and  of  Congress.  This  edition  brings  the  statement  of 
fact  up  to  date  and  adds  valuable  new  material  and  illustra- 
tions.   Some  of  the  more  important  new  topics  discussed  may 
be  mentioned :  the  amendments  to  the  state  and  United  States 
constitutions ;  city  manager ;  compulsory  physical  and  military 
training ;  the  initiative,  referendum,  and  recall ;  commission 
government ;  the  primary-election  law ;  the  importance  of  the 
county  as  a  unit  of  local  government ;   mothers'  pensions ; 
workmen's  compensation  ;  new  methods  of  choosing  candi- 
dates ;  the  state  pay  roll ;  popular  election  of  United  States 


vi     ACTUAL  GOVERNMENT  OF  NEW  YORK 

senators  ;  federal  reserve  banks  ;  reorganization  of  the  de- 
partments of  Agriculture,  Commerce,  and  Labor ;  presiden- 
tial primaries  ;  federal  trade  commission  ;  the  Judiciary  Act 
of  1 9 1 1  and  the  federal  courts  ;  the  federal  income  tax ; 
reorganization  of  the  army ;  etc. 

The  book  begins  with  the  school  district  —  the  child's  first 
contact  with  organized  government  as  he  leaves  the  home. 
The  development  follows  that  of  the  child,  in  his  experi- 
ence and  through  his  reading,  from  school  district  to  town, 
village,  city,  county,  state,  nation,  and  to  international  rela- 
tions, showing  at  each  step  the  necessity  for  government  for 
the  highest  good  of  the  individual  in  society,  and  how  each 
successive  form  has  the  individual  as  the  center  and  bears 
directly  upon  him. 

The  text  is  a  complete  book  in  itself,  and  the  same  is 
true  of  the  library  references  which  follow  each  chapter,  and 
again  of  the  questions  on  the  text.  By  a  careful  study  of 
any  one  of  these  three  divisions  a  pupil  may  be  prepared 
for  any  examination  which  he  is  likely  to  meet.  The  full 
text  of  the  state  and  United  States  constitutions  is  given, 
and  a  bibliography  of  library  books  is  suggested.  This  edition 
will  be  found  to  serve  as  a  complete  text,  a  reference  book, 
and  a  source  book. 

THE  AUTHOR 


CONTENTS 

PART  I.     GOVERNMENT  OF  THE   LOCAL  UNITS 

PAGE 

Bibliography xix 

CHAPTER 

I.    Introduction i 

Lest  we  Forget.  Government  and  Business.  Federal 
Government  and  the  Individual.  Preliminary  Steps. 
Preliminary  Steps  Classified.     Why  we  have  Government. 

II.    The  School  District 7 

General  Statement.  Officers  of  the  District.  Duties  of 
Trustees.  Duties  of  Other  Officers.  Annual  School 
Meeting.  Business  of  School  Meeting.  Who  may  vote 
at  a  School  Meeting.  Political  Independence  of  a  School 
District.  Union  Free  School  District.  School  Neighbor- 
hood.    Removals  and  Filling  of  Vacancies. 

III.  The  Town 14 

The  Town  :  its  History.  Town  Government.  The  Town 
Meeting.  Time  of  holding  Town  Meetings.  Powers  of 
the  Town  Meeting.  The  Supervisor.  The  Town  Clerk. 
The  Assessors.  The  Collector.  Constables.  Town  Su- 
perintendent of  Roads  and  Bridges.  Overseers  of  the 
Poor.  Justices  of  the  Peace.  The  Town  Board.  Town 
Auditors.  Fence  Viewers.  School  Directors.  Inspec- 
tors of  Election.     Vacancies. 

IV.  The  Village 27 

Why  we  have  Villages.  Relation  of  Village  to  Town. 
Why  a  Separate  Village  Government  is  Needed.  Forma- 
tion of  Villages.     Villages  Classified.     Village  Officers  and 


viii      ACTUAL    GOVERNMENT   OF   NEW   YORK 

CHAPTER  PAGE 

their  Election.  The  Legislative  Branch.  The  Village 
Meeting.  The  Board  of  Trustees.  The  Executive 
Branch.  The  Village  President.  Other  Executive  Offi- 
cers. The  Judicial  Branch.  Board  of  Education.  Pub- 
lic Utilities.     Fire  Protection.     The  Board  of  Health. 

V.    The  City 41 

General  Statement.  The  Street.  How  Streets  are  laid 
out :  New  Problems.  Use  of  the  Streets.  How  Per- 
mission to  use  the  Streets  is  Gained.  A  City's  Business. 
The  City  Charter.  Cities  Classified.  Choosing  of  City 
Officials.  Legislative  Department.  Executive  Depart- 
ment. Other  Executive  Officers.  Judicial  Department. 
Term  of  City  Officers.  Board  of  Education.  Public 
Utilities.  Street-Cleaning.  Building  Laws  and  Permits : 
New  Problems.  Police  and  Fire  Protection.  City  In- 
stitutions.    City    Finances.     Commission    Government. 

VI.     Greater  New  York 62 

General  Statement.  New  York  Legislative  Depart- 
ment :  its  Board  of  Aldermen.  New  York's  Executive. 
Executive  Departments.  County  Government  within 
the  City.     New  York's  Judicial  System. 

VII.    The  County 75 

General  Statement.  City  Counties.  County  Govern- 
ment. County  Legislature.  Board  of  Supervisors : 
its  Duties.  County  Executive :  Removals.  Sheriff. 
County  Clerk.  County  Treasurer.  District  Attorney. 
Superintendent  of  the  Poor.  Superintendent  of  High- 
ways. District  Superintendent  of  Schools.  Judicial 
Branch.  Coroners.  County  Government  in  Action.  . 
The  County :    its  Importance. 

PART  II.     GOVERNMENT  OF  THE  STATE 
VIII.    The  Constitution  in  Development  .        .      86 

Our  Birthright.  Before  the  White  Man  Came.  New 
York  a  Dutch   Colony.     Dutch  West  India  Company. 


CONTENTS  ix 

CHAPTER  PAGE 

New  York  an  English  Colony.  The  Charter  of  Liber- 
ties. Our  Four  Constitutions.  Fundamental  Law. 
Amendment  and  Revision. 

IX.    Powers  and  Limitations  of  the  State    .        .      95 

State  Activities.  Federal  and  State  Bills  of  Rights 
Compared.  Personal  Liberty.  Personal  Security. 
Private  Property.  State  Debts.  State  Credit.  Forests 
and  Canals.  State  Protection.  Corporations,  Banks,  etc. 

X.    Legislative  Department 104 

Organization.  The  Assembly.  The  Speaker :  his  Elec- 
tion. The  Speaker:  his  Powers.  Majority  and  Mi- 
nority Leaders.  Assembly  Officers.  The  Senate. 
Officers  of  the  Senate.  Members :  Qualifications, 
Term,  etc.  Sessions.  Procedure.  How  a  Bill  be- 
comes a  Law.  Public-Welfare  Laws.  Powers  of  the 
Legislature. 

XI.  The  Governor  and  Other  Executives  .    .114 

General  Provisions.  The  Governor.  Powers  of  the 
Governor.  The  Lieutenant  Governor.  Other  Admin- 
istrative Officers.  Secretary  of  State.  Comptroller. 
Treasurer.  Attorney-General.  State  Engineer  and 
Surveyor.  Other  Elective  Officers.  Appointed  by  the 
Governor.     Summary. 

XII.    Judicial  Department 128 

Courts  and  Judges.  Justice  Courts.  County  Courts. 
The  Supreme  Court.  Appellate  Division  of  the  Su- 
preme Court.  Court  of  Appeals.  Special  Courts. 
The  Duty  of  the  Courts.  Civil  Procedure.  Criminal 
Procedure :  the  Arrest.  Criminal  Procedure :  the 
Indictment.  Criminal  Procedure :  the  Trial.  United 
States  Courts :   Perjury. 

XIII.     State  Education  Department  .        .        .141 

Historical  Sketch.  Board  of  Regents.  State  Com- 
missioner of  Education.  Supervisory  District.  Dis- 
trict     Superintendent.         Compulsory      Attendance. 


x    ACTUAL  GOVERNMENT  OF  NEW  YORK 

CHAPTER  PAGE 

Compulsory  Physical  Training.  Compulsory  Military 
Training.  Qualification  and  Training  of  Teachers. 
State  Aid  to  Schools.  State  Scholarships.  Distribu- 
tion of  State  Aid.  School  Trust  Funds.  The  School 
District. 

XIV.     State  Institutions 151 

State  Agricultural  Schools.  State  College  of  Agricul- 
ture. State  Veterinary  College.  Normal  Schools. 
Schools  for  the  Blind,  Deaf,  and  Dumb.  Hospitals 
for  the  Insane.  State  Charities.  State  Reforma- 
tories.    State  Prisons.     Other  State  Activities. 

XV.     Suffrage:  How  and  When  Exercised    .        -159 

Citizenship.  Suffrage  a  Privilege.  Who  may  Vote. 
Party  Government  Recognized.  Elective  Officers 
and  Election  Districts.  Time  of  Elections.  Election 
Expenses.  The  Convention  Plan  of  Choosing  Candi- 
dates. The  Primary  Plan  of  Choosing  Candidates. 
Importance  of  the  Primary.  Supervision  of  Elections. 
How  to  Register.  Voting  by  Ballot.  Voting  by  the 
Machine.     The  Counting. 

XVI.     State  Finances 171 

State  Budget.  Sources  of  Revenue.  Apportionment 
of  Taxes.     Tax  Districts.     Tax  Defined. 

PART  III.  THE  FEDERAL  GOVERNMENT 

XVII.    The    Constitution:     its    Formation    and 

Adoption 176 

Condition  of  Affairs  under  the  Articles  of  Confederation. 
Attitude  of  the  States.  The  Feeling  between  the 
States.  The  General  Government  Helpless.  Sugges- 
tions for  Amendment.  Origin  of  the  Constitutional 
Convention.  The  Annapolis  Convention.  The  Con- 
stitutional Convention.  Influence  of  Washington. 
Hamilton  and  Madison.  Franklin.  Other  Promi- 
nent Delegates.  Work  of  the  Convention.  Diffi- 
culty  of   the   Task.      Plans   Submitted.     The   First 


CONTENTS 


XI 


Great  Compromise.  The  Second  Great  Compro- 
mise. The  Third  Great  Compromise.  Ratification. 
Struggle  over  Ratification.  Establishment  of  the 
New  Government. 

XVIII.    The  Constitution:    its  Origin  and  Nature     193 

Its  Origin.  Origin  of  Special  Provisions.  Sugges- 
tions from  the  States.  Its  Nature  Different  from  the 
British  Constitution.  Different  from  the  Confedera- 
tion. Growth  of  Nationality.  Relation  between  the 
States  and  the  Union.  Departments  of  Government. 
Stability  of  the  Constitution. 

XLX.    Legislative  Department:    its  Organization    203 

The  Two  Houses.  Number  of  Members.  The  Suf- 
frage. Qualifications  of  Representatives.  Exclusion 
of  Members-Elect.  Length  of  Term.  Elections. 
Gerrymandering.  Representatives  at  Large.  Va- 
cancies. Election  Expenses.  The  House :  Officers. 
Method  of  Choice.  The  Senate :  its  Origin  and 
Character.  The  Senate  :  Constitutional  Provisions. 
The  Senate  :  Objects  Aimed  At.  Election  of  Senators. 
Movement  toward  Direct  Election  by  the  People. 
The  Seventeenth  Amendment  and  Direct  Election. 
The  Senate  :  its  Officers.  Privileges  of  Members  of 
Congress.  Disabilities.  Sessions  of  Congress.  Quo- 
rum. Procedure.  Adjournment.  Comparison  with 
Congress  of  the  Confederation. 

XX.    Legislative  Department:    its  Powers  and 

Limitations 226 

The  Taxing  Power.  Taxes  -  Classification.  Indirect 
Taxes:  Duties.  The  Tariff.  Excises.  Collection  of 
Taxes.  The  Power  to  Borrow.  Money :  its  History. 
Power  of  Coinage.  United  States  Money.  Counter- 
feiting. Power  to  Regulate  Commerce.  Foreign 
Commerce.  Interstate  Commerce.  Antitrust  Law. 
Bankruptcy  Laws.  Piracy.  Weights  and  Measures. 
War  Powers.  Declaration  of  War.  Armies.  The 
Regular  Army.     The  Militia.     The  Navy.     Military 


xii       ACTUAL    GOVERNMENT   OF    NEW   YORK 

CHAPTER  PAGE 

Law  and  Courts.  Letters  of  Marque  and  Reprisal; 
Captures.  Military  Property.  Miscellaneous  Powers  : 
Naturalization.  Naturalization  Laws.  Postal  Serv- 
ice. Copyrights  and  Patents.  The  National  Capital. 
The  Government  of  the  District.  The  Government  of 
Territories.  Organized  and  Unorganized  Territories. 
Territories  :  a  New  Classification.  Power  to  Establish 
Courts.  The  Elastic  Clause.  Special  Powers  of  Each 
House.  The  House :  Revenue  Bills.  The  House : 
Impeachment.  The  House :  Presidential  Election. 
The  Senate  :  Executive  Powers.  The  Senate  :  Work- 
ing of  these  Powers.  The  Senate :  Judicial  Function. 
Limitations  upon  Congress :  Taxation.  Commerce. 
Appropriations.  Other  Restrictions  :  Habeas  Corpus. 
Bills  of  Attainder:  Ex  Post  Facto  Laws.  Titles  of 
Nobility. 

XXI.    Legislative  Department:  its  Working         .     266 

The  Senate  Chamber.  Chamber  of  the  House. 
Character  of  Members.  Methods  of  Legislation. 
Stages  of  a  House  Bill.  The  Committee  System.  The 
Committees.  Power  of  the  Committee.  Reporting 
Bills.  Logrolling.  Filibustering.  Methods  of  Vot- 
ing. Restraint  of  Filibustering.  Closure  of  Debate. 
Advantages  and  Disadvantages  of  the  Committee 
System.  The  Speaker.  The  Speaker :  Sources  of  his 
Power.  Recognition.  Committee  on  Rules.  The 
Party  Caucus.  The  Necessity  for  Expediting 
Business.  Contrast  between  the  Houses.  Desir- 
ability of  a  Career  in  Congress. 

XXII.    Executive  Department  :  President  and  Vice 

President 286 

Executive  Department.  The  Convention  and  the 
Presidency.  A  Difficult  Question.  Plan  Adopted. 
Qualifications  for  the  Presidency.  Term  and 
Reeligibility.  Salary.  Election :  Methods  Proposed 
in  the  Convention.  Method  Chosen.  A  Defect 
Discovered.    The     Twelfth     Amendment.    Another 


CONTENTS 


Xlll 


Defect.  Time  and  Method  of  Choosing  Electors. 
Failure  of  the  Electoral  College.  A  More  Se- 
rious Defect.  Presidential  Primaries.  Presidential 
Succession.  The  President's  Powers.  Classification 
not  Absolute.  His  Legislative  Powers.  The  Veto. 
Restrictions  on  the  Veto.  Working  of  the  Veto. 
Calling  Extra  Sessions.  Treaty-Making  Power.  The 
Appointing  Power.  The  Life  of  the  President. 
Great  Statesmen  and  the  Presidency.  Executive 
Power  not  Perfect.     The  Vice  President. 

XXIII.    Executive    Department:     President's    As- 
sistants          

The  Cabinet.  Relations  of  Cabinet  Officers  to 
President.  Executive  Departments :  Organization. 
Executive  Departments :  History.  State  Depart- 
ment. Treasury  Department.  War  Department. 
Department  of  Justice.  Post-Office  Department. 
Navy  Department.  Department  of  the  Interior. 
Department  of  Agriculture.  Department  of  Com- 
merce. Department  of  Labor.  Federal  Trade  Com- 
mission.    Independent  Boards  and  Commissions. 

XXIV.    Judicial  Department:  Federal  Courts 

Necessity  of  Federal  Judiciary.  The  Federal  Courts. 
The  Judges.  Jurisdiction :  One  Class  of  Cases. 
Another  Class  of  Cases.  Eleventh  Amendment. 
Transfer  of  Cases.  Treason.  The  Supreme  Court. 
The  Supreme  Court :  its  Jurisdiction.  The  Supreme 
Court :  its  Sessions.  Circuit  Court  of  Appeals.  Dis- 
trict Courts.  The  Court  of  Claims.  Customs  Appeals. 
Marshals  and  District  Attorneys.  The  Procedure  of 
the  Federal  Courts.  Defects  of  the  Judicial  System. 
Excellences. 


3" 


328 


XXV.     The  States  in  Their  Relations  to  the  Con- 
stitution        341 

Admission  of  New  States.     Methods  of  Admission. 
Guaranties  to  the  States :   Republican  Government. 


xiv      ACTUAL    GOVERNMENT   OF   NEW   YORK 


XXVI. 


Protection  against  Invasion.  Against  Domestic 
Violence.  Obligations  upon  the  States :  Public 
Records.  Privileges  of  Citizens.  Fugitive  Crim- 
inals. Limitations  of  State  Power.  Absolute 
Limitations :  Foreign  Affairs.  In  the  Matter  of 
Money.  Personal  Liberty.  Provisional  Limita- 
tions. Doctrine  of  National  Sovereignty.  Division 
of  Powers  :  Reserved  Powers.  Concurrent  Powers. 
Classes  of  Powers.     Conflicts  of  Authority. 

The  Bill  of  Rights  :     the  Individual  in 
his  Relation   to  the  Constitution 

The  Bill  of  Rights.  Restriction  only  upon  the 
Federal  Government.  Classes  of  Guaranties. 
The  Right  of  Personal  Liberty.  The  Right  of  Per- 
sonal Security.  The  Right  of  Private  Property. 
General  Guaranties. 


354 


XXVII.     Miscellaneous  Provisions  .... 

The  Public  Debt.  Ratification.  Amendment. 
Possible  Methods.  Method  Used.  Existing 
Amendments.  The  Thirteenth  Amendment.  The 
Fourteenth  Amendment.  The  Fifteenth  Amend- 
ment. 


361 


XXVIII.    The  Unwritten  Constitution 

Development  of  the  Unwritten  Constitution. 
Original  and  Inherent  Powers.  Presidential  Elec- 
tors only  Party  Agents.  Reeligibility  of  the  Presi- 
dent. Custom  and  the  President's  Power  of  Re- 
moval. The  Senate  and  the  President's  Nomi- 
nations. The  Cabinet  and  the  Unwritten  Consti- 
tution. The  Committee  System.  Our  Whole 
System  of  Party  Government. 


367 


XXIX.     State  Governments 

National  Expansion  since   17S9.     Diversities  and 
Uniformities  among  the  States.     Origin  of  State 


376 


CONTENTS  xv 

CHAPTER  PAGE 

Constitutions.  Methods  of  Constitution-Making. 
The  Present  Process.  Constitutional  Amendments. 
Contents  of  State  Constitutions  :  Historical  Changes. 
Existing  State  Constitutions.  The  State  Govern- 
ments. Suffrage  and  Elections.  Method  of  Choosing 
Candidates.  Voting.  Election.  The  Legislature: 
Organization.  The  Lower  Houses.  Sessions.  Pro- 
cedure. Restrictions  on  Powers  of  Legislatures. 
Special  Powers  of  the  Houses.  The  Executive: 
its  Character.  The  Governor.  The  Governor's 
Colleagues.  Election,  Terms,  and  Qualifications  of 
Executive  Officers.  The  Judiciary.  The  System 
of  Courts.  Special  Courts.  Judges.  The  Term 
of  Office.  State  Finances.  Taxes.  Exemptions. 
Assessment.  Apportionment  and  Collection.  Re- 
strictions upon  Taxing  Power.  Education.  The 
School  System.  Various  Grades  of  Schools.  State 
Administration  of  Schools.  Local  Administration  of 
Schools.  Compulsory  Education.  Importance  of 
State  Government.     Initiative  and  Referendum. 


XXX.     Comparison  of  National  Governments  .    402 

Other  Governments  :  their  Relation.  England's  Con- 
'stitution.  England's  Legislature.  England's  Execu- 
tive. English  Cabinet.  England's  Judicial  System. 
Germany.  Germany's  Legislature.  Germany's  Execu- 
tive. Germany's  Judicial  System.  French  Govern- 
ment. The  French  National  Legislature.  The  French 
Executive.  The  French  Judicial  System.  Canada's 
Constitution.  Canada's  Legislature.  Canada's  Execu- 
tive. Canada's  Judicial  System.  Switzerland :  its 
Legislature.  Switzerland  :  its  Executive.  Switzerland  : 
its  Judicial  Department.  The  Unitary  State.  The 
Confederation.  The  Federal  State.  Further  Classi- 
fications. Absolute  Monarchy.  Limited  Monarchy. 
Ture  Democracy.  Representative  Democracy.  What 
is  the  Best  Form  of  Government? 


xvi      ACTUAL    GOVERNMENT   OF    NEW   YORK 


APPENDIX 

PAGE 

The  Constitution  of  the  State  of  New  York   ....        i 
Constitution  of  the  United  States liii 

INDEX lxxv 


LIST    OF    ILLUSTRATIONS 


The  Capitol  at  Washington Frontispiece 

The  City  Hall,  Des  Moines 9 

The  New  York  City  Public  Library 9 

A  New  York  Road  before  and  after  Improvement         .         .  15 

Firemen  at  Work  saving  Life 29 

A  Policeman  making  the  Streets  Safe 29 

Cleaning  the  Streets 43 

Medical  Inspection             63 

A  Pure-Milk  Depot             63 

Maps  of  New  York  State,  showing  the  Fifty-one  State  Senatorial 

Districts  and  the  Number  of  Assemblymen  to  which  Each 

County  is  entitled       ........  87 

Maps  of  New  York  State,  showing  the  Forty-three  Congressional 

Districts  and  the  Nine  Judicial  Districts  ....  105 
The  Senate  Chamber  and  the  Assembly  Chamber  in  the  State 

Capitol  at  Albany 129 

New  York  State  Education  Building,  Albany    ....  143 

A  Public  School 143 

Sample  Australian  Ballot  used  in  New  York  State,  November, 

1914 169 

Faneuil  Hall,  Boston 177 

Independence  Hall,  Philadelphia 177 

The  Panama  Canal 195 

Federal  Government  Meat  Inspection 195 

The  United  States  Senate  Chamber 205 

The  Chamber  of  the  House  of  Representatives           .         .         .  205 

The  Arrowrock  Dam,  Boise,  Idaho 227 

One  of  the  Great  Government  Irrigating  Canals        .         .         .227 


xviii     ACTUAL    GOVERNMENT    OF    NEW   YORK 


President  Wilson  reading  his  Message  to  Congress  assembled  in 
the  Hall  of  Representatives         .... 

Territorial  Growth  of  the  United  States  (colored  map) 

The  Supreme  Court  Chamber  .... 

The  White  House 

The  State  Capitol  at  Albany,  N.Y. 

The  State  Capitol  at  Frankfort,  Ky. 

"The  Right  of  the  People  Peaceably  to  Assemble" 

Parliament  Buildings,  London  .... 

Soldiers  in  Camp,  receiving  Instruction  in  the  Use  of 
Rifle 

The  Battleship  Pennsylvania   ..... 


the 


287 
310 
329 
329 
343 
343 
355 
4°3 

411 
411 


BIBLIOGRAPHY 


Adams,  H.  C.    The  Science  of  Finance. 

Alton,  Edmund.    Among  the  Law-Makers. 

Baker,  M.  N.    Municipal  Engineering  and  Sanitation. 

Baldwin,    S.    E.      Modern     Political     Institutions.      The    American 

Judiciary. 
Beard,  Charles  A.    American  Government  and  Politics.    New  and 

revised  edition. 
Boynton,  F.  D.    School  Civics. 
Bryce,  James.    American  Commonwealth.    2  v. 
Carson,  Hampton  L.    History  of  Supreme  Court. 
Conkling,  A.  R.    City  Government  in  the  United  States. 
Cooley,  T.  M.    Constitutional  Limitations. 
Dallinger,  F.  W.    Nomination  for  Elective  Office. 
Eaton,  D.  B.    Government  of  Municipalities. 
Education  Department.    Consolidated  School  Law. 
Fairlie,  J.  A.    Municipal  Administration. 
Fiske,  John.    American  Political  Ideas  viewed  from  the  Standpoint  of 

Universal  History ;  also  Dutch  and  Quaker  Colonies  in  America. 
Follett,  M.  P.    The  Speaker. 
Goodnow,  F.  J.    Municipal  Problems. 
Hamilton  (Alexander),  Jay  (John),  Madison  (James),  and  others. 

Federalist,  and  other  constitutional  papers.    Edited  by  E.  H.  Scott. 
Hart,  Albert  Bushnell.    Actual  Government. 
Hatton,  A.  R.    Digest  of  City  Charters. 
Howe,  Frederick.    The  City. 
Jenks,  J.  W.    The  Trust  Problem. 
Johnston,  Alexander.   History  of  American  Politics.    Third  edition. 

Revised  by  William  M.  Sloane. 
McConachie,  L.  G.    Congressional  Committee. 


xx    ACTUAL  GOVERNMENT  OF  NEW  YORK 

Madison,  James.     Journal  of   the   Federal   Convention.     Edited  by 

E.  H.  Scott. 
Merriam,  C.  E.    Primary  Elections. 

Oberholtzer,  E.  P.    The  Referendum  in  America ;  also  Official  Con- 
gressional Directory  for  the  Use  of  the  United  States  Congress. 
Remsen,  Daniel  S.    Primary  Elections. 
Roberts,  E.  H.    The  Planting  and  Growth  of  the  Empire  State;  also 

New  York  in  the  Revolution. 
Robinson,  W.  C.    Elementary  Law. 
Roosevelt,  Theodore.    American  Ideals  and  Other  Essays,  Social 

and  Political. 
Secretary   of   State.     Legislative   Manual.     The   New  York   Red 

Book.     Election  Laws  of  New  York.    Revised  Statutes  of  New 

York. 
Stanwood,  Edward.    History  of  the  Presidency. 
State  Librarian.    New  York  at  Gettysburg. 
Stimson,  F.  J.    Labor  in  its  Relation  to  Law. 
Taussig,  F.  W.    Tariff  History  in  the  United  States. 
White,  H.    Money  and  Banking. 

Wilcox,  Delos  F.    The  Study  of  the  City  Government. 
Willoughby,  W.  W.    American  Constitutional  System. 
Wilson,  Woodrow.    Congressional  Government ;  also  The  State. 
Wright,  Carroll  D.    Industrial  Evolution  of  the  United  States. 
Zueblin,   Charles.     American    Municipal    Progress;    also    various 

national,  state,  county,  and  municipal  reports. 
Government  of  the  State  of  New  York — Organization  and  Function. 

Prepared  for  the  Constitutional  Convention,  191 5. 
Government  of  the  City  of  New  York  —  Organization  and  Function. 

Prepared  for  the  Constitutional  Convention,  1915. 


TO  MY  STUDENT  FRIENDS 

Human  need  is  the  origin  of  all  just  government  among 
men.  Whether  we  are  considering  the  home  (our  first  con- 
tact with  organized  government)  or  the  school  (our  second 
experience  with  formal  control),  or  whether  we  are  thinking 
in  terms  of  the  larger  units  of  government, — the  village,  the 
city,  the  town,  the  county,  the  state,  the  nation,  or  the  rela- 
tions existing  between  nations,  —  the  fact  remains  that  all 
just  laws,  ordinances,  regulations,  or  treaties  are  but  the 
verbal  expression  of  some  human  need. 

Human  need  led  the  first  settler,  around  the  site  of  whose 
cabin  has  grown  your  beautiful  city,  to.  strew  with  boughs 
the  pathway  from  his  to  his  neighbor's  hut,  so  that  the  in- 
mates of  the  one  might  pass  dry-shod  to  the  home  of  the 
other.  Thus  it  was  human  need  which  led  to  the  construc- 
tion of  this  primitive  sidewalk  in  the  "  forest  primeval,"  and 
it  is  human  need  which  causes  us  to  make  sidewalks,  lay 
out  streets  and  highways,  build  bridges,  establish  health,  fire, 
and  police  departments,  and  to  maintain  schools,  churches, 
playgrounds,  parks,  banks,  stores,  factories,  railroads,  tele- 
phones, telegraphs,  postal  systems,  an  army  and  navy,  legis- 
latures and  congress,  mayors,  governors,  and  presidents ;  and 
for  all  these  and  many  more  we  voluntarily  tax  ourselves  in 
one  form  or  another,  since  all  are  maintained  out  of  the 
original  income  of  the  home  for  your  need  and  mine. 

Into  this  field  of  the  study  of  human  need  as  dealt  with 
in  the  government  of  your  village,  city,  town,  county,  state, 
and  nation,  and  in  our  relations  with  other  nations,  you  are 


xxii       ACTUAL  GOVERNMENT  OF  NEW  YORK 

invited.  The  conditions  which  are  rapidly  developing  in 
these  various  units  of  government  call  for  grave  consider- 
ation on  the  part  of  those  who  think  straight  on  these 
questions.  I  can  only  wish  you  the  joy  that  has  been  mine 
as  I  have  written  these  lines  to  my  young  fellow  country- 
men. Upon  your  shoulders  rests  the  future  of  American 
institutions.  He  who  uses  public  office  for  private  advan- 
tage is  an  undesirable  citizen,  and  he  who  plots  against  the 
industries  or  government  of  his  countiy  is  a  traitor.  The 
issues  are  great  and  demand  clear  thinking  and  far  seeing, 
but  there  need  be  no  fear  as  to  how  these  issues  are  to  be 
met  and  solved  for  mankind  by  the  boys  and  girls  of  the 
American  public  school,  the  nation's  bulwark  and  strong 
tower  of  defense,  so  splendidly  garrisoned. 

THE  AUTHOR 


ACTUAL  GOVERNMENT  OF 
NEW  YORK 

PART   I.     GOVERNMENT    OF   THE   LOCAL 
UNITS 

CHAPTER  I 

INTRODUCTION 

Lest  we  Forget.  The  constitution  of  the  United  States, 
"  and  the  laws  of  the  United  States  which  shall  be  made  in 
pursuance  thereof ;  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall 
be  the  supreme  law  of  the  land;  and  the  judges  in  every 
state  shall  be  bound  thereby,  anything  in  the  constitution 
or  laws  of  any  state  to  the  contrary  notwithstanding. 
The  senators  and  representatives  before  mentioned,  and 
the  members  of  the  several  state  legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  states,  shall  be  bound  by  oath  or  affirma- 
tion to  support  "  the  constitution  of  the  United  States 
(see  Appendix,  p.  liii).  Thus  the  framers  of  the  federal 
government  made  it  clear  that  the  government  which  they 
were  organizing  was  first  in  point  of  authority.  New 
states  are  admitted  to  the  Union  by  act  of  Congress  upon 


2    ACTUAL  GOVERNMENT  OF  NEW  YORK 

specific  terms  detailed  in  the  enabling  act,  which  terms,  in 
case  of  violation  by  state  authorities,  would  be  enforced  by 
the  federal  courts  (see  Chapter  XXV,  p.  341). 

Government  and  Business.  In  order  that  sewers,  streets, 
public  buildings,  fire  and  police  departments,  etc.  may  be 
had  and  maintained,  large  sums  of  money  are  needed. 
Municipal  government,  that  is,  the  government  of  a  village 
or  city,  is,  in  many  particulars,  much  like  a  department 
store,  with  its  several  departments  of  health,  public  safety, 
education,  justice,  etc.,  in  which  we  are  all  stockholders 
and  partners.  It  is  to  our  interest  to  see  to  it  that  the 
fire  department  is  well  equipped,  that  its  administration 
is  efficient,  that  the  water  pressure  is  adequate,  in  order 
that  our  property  may  be  protected  from  destruction  by 
fire.  This  interest  is  on  the  same  level  as  our  interest 
in  seeing  that  the  grocer  uses  a  pair  of  scales  which  will  give 
us  what  we  pay  for.  In  no  sense,  however,  can  this  business 
instinct  be  construed  into  meaning  allegiance  or  love  of 
country.  We  move  from  one  village  or  city  to  another  or 
from  one  locality  to  another  in  the  same  or  different  states 
with  great  frequency.  Our  relatives  live  in  Ohio,  Pennsyl- 
vania, and  in  other  states  under  substantially  the  same 
conditions  as  we  live.  Leaving  one's  locality  or  state  is 
entirely  different  from  leaving  one's  country.  However 
great  our  love  for  our  state  or  locality,  it  is  not  so  great  as 
that  for  our  country.  It  is  this  love  of  country  which  makes 
all  state  and  local  government  secure  and  worth  while,  which 
leads  men  to  forsake  home,  business,  all  personal  interests, 
and  offer  themselves  for  their  country's  good.  It  was  this 
love  of  country  which  defended  the  pass  at  Thermopylae, 
which  led  to  "  the  charge  of  the  light  brigade,"  and  which 
left  five  thousand  sons  of  New  York  dead  on  the  field  at 
Gettysburg.     No  true  American  will  slander  the  memory 


INTRODUCTION  3 

of  those  whose  unselfish  acts  and  deaths  have  made  govern- 
ment in  the  smallest  unit  possible  by  intimating  that  it  is 
"  essentially  a  business  proposition."  In  the  truest  sense 
there  is  nothing  yellow  or  jingoish  in  the  sentiment  which 
we  sum  up  in  the  word  "  patriotism,"  the  true  foundation 
and  motive  power  of  all  popular  government. 

Federal  Government  and  the  Individual.  It  is  some- 
times stated  that  the  federal  government  is  so  removed 
from  the  individual  in  his  daily  round  of  duties  that  it 
is  less  important  than  the  smaller  units  of  state,  county, 
and  local  government.  Such  statements  are  misleading. 
Through  tariff  laws  the  federal  government  may  and  has 
placed  a  tax  upon  practically  every  article  of  food  and 
clothing  and  shelter,  thus  daily  reaching  the  most  obscure 
individual  in  the  remotest  cottage ;  it  may  and  has  placed 
a  tax  upon  bank  checks,  express  receipts,  telegrams,  and 
the  like ;  it  may  and  has  entered  any  home  in  any  state 
and  forcefully  taken  the  father,  son,  brother,  or  husband 
and  put  him  up  as  a  target  to  stop  the  bullets  of  the  coun- 
try's enemies ;  it  may  and  has  sent  troops  into  a  state 
to  enforce  federal  laws ;  it  may  and  has  passed  laws  which 
have  opened  or  closed  down  industries.  It  controls  the 
postal  system,  the  foundation  of  all  business ;  it  may  de- 
clare any  street,  road,  railroad,  trolley,  or  steamship  line 
a  post  road ;  its  power  over  interstate  commerce  gives  it 
practical  control  over  our  great  railways  and  water  routes, 
some  of  which  it  owns,1  and  the  present  tendency  is  to 
increase  federal  power.  It  coins  our  money  and  estab- 
lishes our  weights  and  measures,  thus  entering  into  the 
most  minute  details  of  our  daily  business  transactions. 
Not  one  of  the  above  powers  may  be  exercised  by  state, 

1  Panama  railroad  and  a  steamship  line  from  New  York  to  this  railroad 
are  examples. 


4    ACTUAL  GOVERNMENT  OF  NEW  YORK 

county,  or  local  government.  While  writing  this  para- 
graph, a  uniformed  officer  of  the  federal  government  visited 
my  home ;  he  comes  daily.  There  are  over  thirty  of  these 
officials  permanently  located  upon  federal  property  in  my 
city.  My  state  never  sends  an  officer  to  my  home  and 
owns  no  property  in  my  city.  In  the  study  of  these  lesser 
"  business  units  "  we  should  not  forget  the  far-reaching  and 
fundamental  powers  of  the  federal  government,  lest  we  lend 
our  study  to  a  further  development  of  a  kind  of  bucket-shop 
statesmanship  which  looks  after  the  district  or  the  ward 
before  it  does  after  the  country  or  the  state. 

Preliminary  Steps.  If  we  were  to  make  a  list  of  the 
services  performed  for  us  by  government,  we  should  natu- 
rally select  those  nearest  to  us,  forgetting,  perhaps,  that  the 
successful  performance  of  these  services  depends  upon  the 
strong  central  authority  represented  by  federal  and  state 
governments.  Such  a  list  would  probably  include  our 
schools  and  teachers,  libraries,  roads,  bridges,  water  supply, 
sewers,  firemen,  public  parks,  hospitals,  records  of  our 
houses  and  lands,  courts  for  the  punishment  of  law  break- 
ers and  for  the  settlement  of  disputes,  insurance  companies, 
banks,  post  office,  money,  weights  and  measures,  services 
of  the  army,  navy,  regulation  of  railroads  and  steamship 
companies  doing  business  between  the  states,  and  many  of 
the  larger  matters  which,  because  of  their  size,  do  not  come 
directly  into  our  immediate  experience,  especially  when 
all  goes  well. 

Preliminary  Steps  Classified.  If  we  arrange  these  serv- 
ices according  to  the  government  which  immediately 
performs  them,  we  shall  find  that  the  first  three  are  per- 
formed by  the  officers  of  the  school  district,  who  are  respon- 
sible directly  to  state  officials  for  the  faithful  performance 
of  their  duties ;    the  next  seven,  by  town,  village,  or  city 


INTRODUCTION  5 

governments,  whose  officers  are  in  many  instances  respon- 
sible to  state  officials ;  the  next  two  would  be  performed 
by  the  county,  although  the  town,  village,  and  city  have 
courts  of  their  own ;  the  next  two  would  be  under  state 
control,  except  in  the  case  of  national  banks ;  the  last 
seven,  including  the  management  of  national  banks,  by  the 
federal  government  alone.  Thus  it  will  be  seen  that  gov- 
ernment is  a  series  of  circles  ever  widening  as  we  go  to 
the  next  form,  with  the  individual  standing  at  the  center ; 
yet  all  laws  are  made  by  the  people  directly  or  by  their 
chosen  representatives  and  for  their  (our)  benefit. 

Why  we  have  Government.  One  reason  why  we  have 
government  is  that  it  is  to  our  advantage ;  probably  this 
is  the  chief  reason.  For  example,  we  wish  to  send  a  letter 
to  a  friend  in  another  state.  We  write  our  letter  in  the 
quiet  of  our  home,  protected  by  the  local  government 
(town,  village,  or  city).  When  our  letter  is  completed 
we  seal  it  in  a  paper  envelope,  put  a  stamp  upon  it,  and 
place  it  on  our  front  porch.  Government,  the  mailman, 
comes  along,  understands  what  is  wanted,  takes  the  mes- 
sage, guards  it  in  passage,  and  delivers  it  to  the  friend  in 
another  state  —  all  for  a  postage  stamp.  We  could  not  have 
done  it  so  cheaply  or  so  well ;  hence  government.  But 
notice :  What  would  have  been  the  result  if  we  had  for- 
gotten to  perform  our  part  toward  the  government  and 
had  not  placed  a  stamp  on  the  letter  ?  Thus  we  see  that 
we  have  a  duty  toward  government  in  return  for  the  help 
which  it  renders.  Or  supposing  our  home  were  in  flames ; 
we  might  and  probably  would  try  to  put  them  out  ourselves, 
but  the  firemen  would  come,  attach  the  fire  hose  to  the 
hydrant,  and  quickly  extinguish  the  blaze,  saving  our  home 
and  the  homes  that  so  thickly  surround  ours  ;  so  we  find  it 
safer  and  better  to  have  firemen  trained  to  do  our  work, 


6    ACTUAL  GOVERNMENT  OF  NEW  YORK 

while  we  are  attending  to  other  duties.  Thus  we  might 
figure  out  that  many  of  the  things  which  all  people  have 
done  and  want  done  can  be  done  better  and  cheaper  by 
those  hired  and  trained  to  do  them.  Then,  too,  there 
are  some  things  which  it  would  be  very  hard  for  the 
individual  to  do  alone  and  some  which  he  could  not  do. 
Therefore  we  have  courts  and  policemen  to  further  pro- 
tect our  property  and  our  lives.  For  all  of  this  protection 
it  is  the  duty  of  the  good  citizen  to  pay  and  to  pay 
liberally,  since  many  of  the  services  required  of  firemen 
and  policemen  are  dangerous,  frequently  resulting  in  the 
death  of  the  officer  while  guarding  our  fives  or  property. 

QUESTIONS    ON   THE   TEXT 

1.  State  how  the  federal  government  reaches  the  individual  in 
his  daily  life. 

2.  What  is  the  "fundamental  law"  of  the  land? 

3.  Are  state  and  local  officials  limited  in  the  exercise  of  their 
power  by  federal  law  ?     Explain  how. 

4.  Are  there  government  officials  located  in  your  town?  If 
so,  explain  their  duties. 

5.  In  what  ways  are  our  transactions,  whether  it  be  the  pur- 
chase of  articles  of  food  or  clothing  or  a  transfer  of  property,  a 
recognition  of  the  laws  set  up  by  the  federal  government? 

6.  By  what  authority  is  our  money  made  and  its  value  deter- 
mined ? 


CHAPTER   II 

THE    SCHOOL    DISTRICT 

General  Statement.  For  the  convenience  of  adminis- 
tration, the  state  has  been  divided  into  various  districts. 
Concerning  each  of  these  we  are  to  learn  in  turn,  as  we 
study  the  work  of  each.  The  first  form  of  organized  gov- 
ernment with  which  we  have  to  do  as  soon  as  we  are  old 
enough  to  leave  the  home  is  that  represented  by  the 
school.  The  school  district  is  a  certain  territory  set  apart 
by  law  enacted  by  the  state  legislature.  The  number 
of  these  districts  in  the  towns  of  the  state  in  191 5  was 
10,498.  This,  however,  is  not  a  fixed  number,  since  the 
law  permits  two  or  more  of  these  country  districts  to 
unite,  and  a  united  district  to  break  up  into  its  original 
parts.  The  law  establishing  these  districts  charges  those 
who  live  within  each  with  the  duty  of  maintaining  a  school 
at  least  thirty-six  weeks  during  the  year  and  of  authorizing 
a  property  tax  for  its  support. 

Officers  of  the  District.  The  law  provides  that  there 
shall  be  one  or  three  trustees,  as  the  voters  of  the  district 
may  determine,  a  clerk,  a  collector,  and  a  treasurer.  If 
the  district  is  known  asa"  union  free  school  district,"  the 
number  of  trustees  may  not  be  less  than  three  nor  more 
than  nine.  Every  school  district  officer  must  be  able  to 
read  and  write  and  must  be  a  voter  of  the  district.  The 
term  of  office,  where  there  are  several  trustees,  is  for  three 
years.     If  there  is  a  single  trustee,  the  term  is  one  year. 

7 


8    ACTUAL  GOVERNMENT  OF  NEW  YORK 

All  other  officers  are  elected  for  a  term  of  one  year.  Any 
officer  of  the  school  district  who  refuses  to  serve  shall 
forfeit  the  sum  of  five  dollars,  to  be  used  for  the  benefit  of 
the  district. 

Duties  of  Trustees.  The  trustee  (or  trustees)  of  the 
school  district  has  charge  of  all  property  belonging  to  the 
district ;  calls  special  meetings  of  the  voters  of  the  district ; 
gives  notices  of  the  annual  or  of  adjourned  meetings ; 
makes  out  the  tax  list,  apportioning  to  each  taxable  in- 
habitant his  share  of  the  school  tax  voted  by  the  district ; 
purchases  or  leases  property  as  the  district  directs ;  insures 
the  school  building,  library,  furniture,  and  apparatus ; 
employs  a  teacher  and  determines  the  salary  of  such  and 
the  length  of  term  to  be  taught ;  prescribes  the  course 
of  study,  the  rules  for  governing  the  school ;  engages  a 
janitor ;  attends  to  the  minor  repairs ;  and  may  expend 
twenty-five  dollars  for  necessary  dictionary,  maps,  or  other 
apparatus. 

Duties  of  the  Other  Officers.  The  duties  of  the  district 
clerk,  collector,  and  treasurer  are  indicated  by  their  titles. 
The  records  are  kept  and  preserved  by  the  clerk  in  a  book 
provided  for  the  purpose.  He  gives  the  required  notices 
for  all  special  and  annual  meetings,  notifies  persons  of 
their  election  to  office,  etc.  The  treasurer  has  charge  of 
all  moneys  belonging  to  the  district,  and  pays  out  the 
same  upon  a  written  order  from  the  trustee  or  trustees. 
He  must  make  a  detailed  report  of  receipts  and  expenses 
at  the  annual  meeting  and  to  the  trustees  whenever  directed. 
The  collector  collects  the  school  tax  as  per  list  made  out  by 
the  trustee.  He  is  required  to  give  a  bond  for  the  faithful 
performance  of  his  duties.  He  turns  over  to-  the  treasurer 
all  moneys  collected.  In  case  the  district  has  no  treasurer, 
the  collector  performs  the  duty  of  the  treasurer.     Where 


The  City  Hall,  Des  Moines  (above),  and  the  New  York 
City  Public  Library  (below) 

The  city  hall  in  many  cities  is  where  the  common  council,  or  board  of  alder- 
men, meet.    The  city  departments  usually  center  here.    Either  by  public  tax- 
ation or  private  philanthropy  most  cities  have  a  free  public  library 

9 


io       ACTUAL    GOVERNMENT   OF    NEW   YORK 

there  is  a  separate  treasurer,  he  is  also  required  to  furnish 
a  bond  for  the  faithful  performance  of  his  duties.  In  union 
free  school  districts,  boards  of  education  may  appoint 
one  of  their  own  number  as  clerk,  and  must  also  appoint 
a  treasurer  and  a  collector.  These  officers  are  paid  for  their 
services  either  by  vote  of  the  district  or  by  vote  of  the 
board  of  education. 

Annual  School  Meeting.  The  annual  school  meeting 
of  each  school  district  shall  be  held  in  the  schoolhouse 
the  first  Tuesday  of  May  of  each  year,  at  7.30  p.m.,  unless 
the  hour  is  otherwise  changed  by  vote  of  the  previous  meet- 
ing. Special  meetings  may  be  held  as  called  by  the  trus- 
tee. Due  notice  of  all  annual  and  special  meetings  must 
be  posted  in  at  least  five  different  places  in  the  district, 
one  of  which  must  be  upon  the  door  of  the  schoolhouse. 

Business  of  the  School  Meeting.  The  business  of  the 
school  meeting  is  to  elect  officers ;  to  vote  a  tax  to  pay 
the  salary  of  the  teacher,  for  the  care  and  heating  of  the 
school  building,  and  for  the  salaries  of  district  officers  in 
case  such  officers  are  paid ;  to  take  under  consideration 
needed  repairs  or  changes  in  the  school  building,  or  the 
need  for  a  new  building  or  a  new  or  enlarged  site,  and 
such  other  matters  as  pertain  to  the  general  educational 
welfare  of  the  school  district. 

Who  may  vote  at  a  School  Meeting.  Any  person  shall 
be  entitled  to  vote  at  any  school  meeting  for  the  election 
of  officers,  and  upon  any  and  all  questions  which  may 
be  brought  before  the  meeting,  who  possesses  the  fol- 
lowing qualifications  :   (1)  is  a  citizen  of  the  United  States ; x 

1  One  must  first  be  a  citizen  of  the  United  States  before  he  can  be  a 
citizen  of  the  smallest  unit  of  state  government;  thus  it  is  seen  that  the 
foundation  of  all  our  government  is  citizenship  according  to  federal  law. 
It  is  not  necessary  to  be  a  citizen  of  the  state  to  vote  at  school  meeting. 


THE    SCHOOL    DISTRICT  n 

(2)  is  at  least  twenty-one  years  of  age ;  (3)  has  been  a 
resident  of  the  school  district  for  a  period  of  at  least 
thirty  days  immediately  preceding  the  day  of  the  meeting ; 
and  who  in  addition  to  the  above  qualifications  is  described 
in  one  of  the  following :  (a)  owns  or  hires  or  is  under 
contract  to  own  or  hire  real  estate  subject  to  taxation  for 
school  purposes ;  (b)  is  a  parent  of  a  child  of  school  age 
who  attended  school  at  least  eight  weeks  the  preceding 
year ;  (c)  has  permanently  residing  with  him  (or  her) 
any  child  of  school  age  (five  to  eighteen  years  old)  who 
attended  school  at  least  eight  weeks  the  preceding  year ; 
(d)  is  the  owner  of  personal  property  exceeding  fifty  dollars 
in  value  and  assessed  upon  the  last  assessment  roll  of  the 
town.  Both  men  and  women  who  meet  the  above  qualifi- 
cations are  eligible  to  vote. 

Political  Independence  of  a  School  District.  The  state 
through  its  legislature  has  created  a  school  district  a 
corporation  for  the  purpose  of  looking  after  the  affairs 
of  education  within  the  district,  and  has  given  it  full  power 
in  all  matters  pertaining  to  education.  While  it  may  be 
a  part  of  a  town  or  village,  it  is  quite  independent  of 
these  larger  units  of  government  in  matters  pertaining 
to  education  within  its  limits.  The  idea  has  been  to 
remove  as  far  as  possible  all  restrictions  upon  the  will  of 
the  people  in  matters  of  education.  The  form  of  govern- 
ment represented  by  the  school  meeting  is  a  pure  democ- 
racy, that  is,  one  in  which  all  the  voters  meet  to  transact 
business. 

Union  Free  School  District.   Union  free  school  districts 

are  organized  under  the  provision  of  the  education  law  l 

and  by  special  act  of  the  state  legislature.     These  districts 

have    a   board    of   education,    clerk,    treasurer,    collector, 

1  See  education  law,  1914. 


12       ACTUAL    GOVERNMENT    OF    NEW   YORK 

whose  duties  include  those  of  a  common  school  district. 
As  a  rule,  union  free  school  districts  are  found  only  in 
villages  and  cities.  The  power  of  a  board  of  education  is 
greater  than  that  of  a  trustee,  and  the  course  of  study 
in  a  union  free  school  is  much  more  extensive  than  that 
in  the  common  school.  If  the  union  free  school  district 
includes  a  village  of  five  thousand  inhabitants  or  more, 
the  board  of  education  may  elect  a  special  school  officer, 
called  a  superintendent  of  schools,  who  has  full  charge  of 
the  schools  of  the  district  under  rules  adopted  by  the  board 
of  education. 

School  Neighborhood.  A  school  neighborhood  is  a 
small  district  so  situated  that  the  children  of  school  age 
residing  within  such  district  may  best  be  served  by  attend- 
ing school  in  another  state.  Such  neighborhoods  are 
established  by  law,  and  usually  have  a  trustee  and  clerk. 
The  voters  of  the  neighborhood  meet  annually,  as  in  a 
regular  school  district.  Near  state  lines  this  arrangement 
is  found  to  be  advantageous.  In  some  of  our  towns 
(Waverly,  for  example)  the  state  line  passes  through  the 
village  or  district,  which  is  essentially  one  although  situated 
in  two  states. 

Removals  and  Filling  of  Vacancies.  Whenever  it  shall 
be  proved  to  the  satisfaction  of  the  commissioner  of  educa- 
tion that  any  trustee,  member  of  a  board  of  education, 
clerk,  collector,  treasurer,  school  superintendent,  dis- 
trict superintendent,  or  other  school  officer  has  been  guilty 
of  any  willful  violation  or  neglect  of  duty  as  set  forth  in 
the  education  law,  or  any  other  act  pertaining  to  the  com- 
mon schools  or  other  educational  institution  participating 
in  state  funds,  or  of  willfully  disobeying  any  decision,  order, 
or  regulation  of  the  board  of  regents  or  of  the  commissioner 
of  education,  the  commissioner  of  education  has  full  power 


THE    SCHOOL    DISTRICT  13 

to  remove  such  school  officer  from  his  office.  A  vacancy 
in  the  office  of  trustee  may  be  rilled  by  calling  a  special 
election  of  the  voters  of  the  district  within  thirty  days 
after  the  office  becomes  vacant,  or,  if  such  meeting  is  not 
called,  the  district  superintendent  may  appoint  a  qualified 
person  to  fill  the  office.  The  trustees  may  appoint  a  quali- 
fied person  to  fill  the  office  of  clerk,  collector,  or  treasurer 
should  a  vacancy  occur  in  any  of  these  offices. 

QUESTIONS    ON    THE    TEXT 

1.  Outline  the  work  of  the  school  meeting. 

2.  Name  the  duties  of  the  school  trustee. 

3.  How  is  a  school  tax  determined,  the  rate  established,  and 
the  tax  of  the  individual  worked  out  ? 

4.  What  advantage  is  there  in  having  the  school  district 
independent  of  the  town  in  the  management  of  school  affairs  ? 

5.  Who  may  vote  at  a  school  meeting  ? 

6.  What  is  a  school  neighborhood  ? 

7.  In  what  particulars  does  a  union  free  school  district  differ 
from  the  ordinary  school  district? 

8.  Who  has  the  power  of  removing  school  officials  for  neglect 
of  duty? 

9.  If  the  office  of  school  trustee  becomes  vacant,  how  may  it 
be  filled? 

10.  What  are  the  powers  and  duties  of  the  school  trustee? 

11.  Compare  the  school  meeting  with  the  village  and  town 
meetings. 


CHAPTER   III 

THE    TOWN 

The  Town :  its  History.  From  the  earliest  settlements 
in  America  the  town  as  a  local  unit  of  government  has  held 
a  conspicuous  place.  It  was  established  in  this  country  by 
the  first  settlers  and  down  to  the  present  moment  continues 
to  perform  important  local  duties  in  this  state  and  in  several 
states.  As  we  have  seen  in  Chapter  II,  the  state  is  divided 
into  small  units  called  school  districts  (10,498  in  191 5). 
We  are  now  to  observe  that  it  is  also  divided  into  small 
units  considerably  larger  than  the  school  district,  and  for 
quite  a  different  purpose.  These  units  are  called  towns  and 
number  947.  The  territory  embraced  by  the  boundaries 
of  a  town  constitutes  a  little  republic  by  itself,  with 
specific  duties  to  perform  with  reference  to  town  affairs. 
These  duties  are  defined  by  laws  passed  by  the  state  legisla- 
ture, which  body  also  determines  the  number  and  size 
of  towns.  The  reason  for  town  government  is  that,  as  in 
the  school  district,  there  are  many  local  matters,  such  as 
caring  for  the  poor,  prevention  and  punishment  of  crime, 
the  building  and  care  of  roads  and  bridges,  all  of  which 
pertain  to  the  town,  that  can  better  be  attended  to  by 
those  immediately  interested  than  by  those  larger  divisions 
of  the  state  to  which  the  larger  and  more  general  affairs  of 
government  are  delegated. 

Town  Government.  Like  the  government  of  the  nation, 
state,  and  county,  the  government  of  the  town  is  divided 

14 


Courtesy  of  Highway  Commission  oi  New  York 

A  New  York  Road  before  and  after  Improvement 

Good  roads,  the  daily  mail,  the  telephone,  and  in  some  localities  electric  lights 

have  increased  the  value  of  property,  reduced  the  cost  of  production,  and  improved 

country  life  generally 


l5 


1 6    ACTUAL  GOVERNMENT  OE  NEW  YORK 

into  three  departments  :  namely,  legislative  (the  town  meet- 
ing), executive  (as  represented  by  the  supervisor,  clerk, 
assessors,  collector,  overseers  of  the  poor,  superintendent 
of  highways,  constables,  and  school  directors),  and  judicial 
(justices  of  the  peace). 

The  Town  Meeting.  The  actual  government  of  the  town 
centers  in  one  of  our  oldest  institutions,  the  town  meeting. 
This  meeting  is  a  gathering  of  voters  of  the  town  assembled 
according  to  state  law  for  the  sole  purpose  of  considering 
the  business  of  the  town,  and  for  the  election  of  officers 
to  carry  out  the  expressed  wishes  of  the  voters  assembled. 
Any  qualified  voter  may  propose  to  his  assembled  townsmen 
any  question  which  the  law  permits  towns  to  consider,  and 
this  will  be  discussed  by  the  voters  present  and  decided  by 
a  majority  vote.  The  people  themselves,  as  in  the  school 
meeting  (see  p.  10),  are  the  government,  dealing  directly 
with  local  affairs  pertaining  to  the  immediate  interests  of 
the  town.  School  and  town  meetings  are  types  of  the  pure 
democracy.  In  these  meetings  the  people  manage  their 
affairs  directly  rather  than  through  representatives,  although 
of  course  it  is  through  such  representatives  as  supervisors, 
assessors,  etc.,  that  the  people's  decisions  are  carried  out. 
In  the  American  system  of  government  the  town  meeting 
represents  the  largest  area  directly  controlled  by  the  assem- 
bled voters.  Because  of  its  limited  application  as  to  area, 
this  particular  form  of  democratic  government  has  become 
extinct  outside  of  the  town.  The  county,  state,  and  national 
form  of  government  is  the  representative  democracy.  We 
shall  later  learn  how  this  republican  form  of  government,  as  it 
is  often  called,  differs  from  the  simpler  type  described  above. 

Time  of  holding  Town  Meetings.  The  board  of  supervisors 
(see  p.  76)  fix  the  day  for  holding  town  meetings,  which 
must  be  held  uniformly  throughout  the  county,  and  may  be 


THE   TOWN  17 

changed  once  in  four  years.  At  the  present  time,  in  forty-one 
counties  town  meetings  are  held  on  general-election  day  in 
tfrtfrZ-numbered  years ;  in  five  counties,  biennially  on  general- 
election  day  ;  and  in  four  counties  only  "  general-election 
day  "  is  specified.  In  three  counties  town  meetings  are  held 
on  the  second  Tuesday  in  February  in  ^/-numbered  years  ; 
in  Orleans  county,  on  the  first  Tuesday  in  March  in  r;  re- 
numbered years  ;  in  Suffolk,  on  the  first  Tuesday  in  April  ;  in 
Nassau,  on  the  first  Tuesday  in  April  in  ^/-numbered  years  ; 
and  in  Niagara,  biennially.  There  are  neither  towns  nor  town 
meetings  in  the  five  counties  comprised  within  the  boundaries 
of  New  York  City.  If  the  town  meeting  is  held  on  general- 
election  day,  when  important  questions  of  state  and  national 
policy  have  to  be  decided,  the  town  business  is  not  likely  to 
receive  serious  consideration  —  a  loss  which  is  hardly  made  up 
by  the  saving  of  the  expense  of  holding  the  two  separately. 

Powers  of  the  Town  Meeting.  The  assembled  voters  in 
a  town  meeting  may  consider  any  business  pertaining  to  the 
welfare  of  the  town  not  prohibited  by  federal  or  state  law. 
They  may  elect  town  officers  —  supervisor,  clerk,  assessors, 
collector,  overseer  of  the  poor,  superintendent  of  highways, 
school  directors,  constables.  Any  qualified  voter  of  the  town 
is  eligible  to  any  office  unless  he  already  holds  the  office  of 
county  treasurer,  district  superintendent  of  schools,  or  school 
trustee,  in  which  case  he  cannot  hold  the  office  of  supervisor, 
since  the  supervisor  distributes  the  state  school  money  for  his 
town.  The  officers  of  the  town  are  elected  by  secret  ballot  in 
the  same  manner  as  state  officers  are  chosen.  The  ballot 
contains  the  names  of  the  various  candidates,  and  the  voting 
is  supervised  by  inspectors  of  election.  After  the  voting  is 
finished,  the  meeting  is  opened  for  general  business  by  the  pre- 
siding officer,  who  is  one  of  the  justices  of  the  peace.  The 
town  clerk  is  clerk  of  the  town  meeting.    Any  or  all  of  the 


1 8   ACTUAL  GOVERNMENT  OF  NEW  YORK 

above  duties  may  be  performed  at  a  special  meeting  of  the 
town  called  for  this  purpose  by  the  supervisor,  together 
with  certain  other  town  officers,  and  upon  the  application 
of  twenty-five  taxpayers  living  within  the  town. 

The  Supervisor.  The  supervisor  is  the  chief  executive 
officer  of  the  town.  In  addition  to  his  duties  as  town 
officer  he  represents  the  town  in  the  board  of  supervisors, 
the  legislative  branch  of  the  county  government.  As 
town  officer  he  receives  two  dollars  a  day  for  time 
actually  spent  in  performing  his  duties ;  as  county  officer, 
four  dollars  a  day.  As  town  officer  his  duties  are  to  receive 
and  pay  out  all  money  raised  for  the  public  work  of  his 
town  except  that  intended  for  the  support  of  the  poor  and 
for  highways,  which  goes  to  the  respective  officers  in  charge 
of  this  work  for  the  town  ;  to  receive  and  disburse  the  pub- 
lic school  fund  for  the  various  districts  of  his  town;  to  act 
as  a  member  of  the  town  board.  The  supervisor  is  elected 
for  two  years. 

The  Town  Clerk.  The  town  clerk  is  custodian  of  the 
town  records  and  is  clerk  of  the  town  meeting.  He  not 
only  keeps  the  records  of  the  town  and  the  proceedings 
of  the  town  meeting,  but  also  records  births,  deaths,  mar- 
riages, and  files  certificates,  chattel  mortgages,  and  other 
such  papers  as  are  required  by  law  to  be  filed  in  his  office. 
He  receives  two  dollars  a  day  for  the  time  actually  spent  in 
the  discharge  of  his  duty,  and  fees  for  other  duties.  He  is 
a  member  of  the  town  board  and  assists  the  supervisor 
in  preparing  a  list  of  jurors. 

The  Assessors.1  Each  town  elects  three  assessors  to 
appraise  the  property  of  individuals  residing  in  the  town, 
in  order  to  determine  each  property  owner's  share  of  the 
state,  county,  and  town  taxes.     It  is  their  duty  to  prepare 

1  Cities,  like  towns,  have  assessors  with  similar  duties. 


THE  TOWN  19 

the  assessment  roll  for  their  town.  Among  other  things 
this  roll  must  contain  the  names  of  all  taxable  persons, 
with  the  statement  of  the  real  and  personal  property  of 
each  and  its  value.  When  this  roll  is  completed,  it  is 
the  duty  of  the  assessors  to  give  public  notice  that  upon 
a  certain  day  they  will  meet  at  a  specified  place  to  consider 
complaints  against  their  valuation  of  property  and  correct 
any  errors  which  may  have  crept  into  the  roll.  The  day 
thus  specified  is  called  "  grievance  day,"  and  any  person 
who  objects  to  his  assessment  may  appear  in  person 
before  the  assessors  and  have  his  assessment  corrected 
by  "  swearing  off  "  his  assessment,  that  is,  by  making  oath 
that  he  has  been  overassessed.  The  assessors  assist  the 
supervisor  and  town  clerk  in  preparing  jury  lists.  They 
receive  two  dollars  per  day  for  actual  time  spent,  and  serve 
for  two  years. 

The  Collector.  When  the  assessors  have  finished  their 
work  and  made  out  the  assessment  roll,  it  is  turned  over 
to  the  town  clerk,  who  later  delivers  it  to  the  supervisor. 
The  board  of  supervisors  at  the  annual  meeting  appor- 
tions to  each  town  its  share  of  the  state  and  county  tax. 
These  taxes,  together  with  the  tax  which  each  town  raises 
for  its  own  use,  constitute  the  total  tax  which  each  town 
is  to  raise.  To  the  tax  roll  thus  completed  the  board  of 
supervisors  affix  a  warrant  (authority)  under  the  seal  of 
the  county,  signed  by  the  chairman  and  clerk  of  the  board, 
directing  the  collector  of  the  town  (or  other  tax  district  — 
for  example,  village  or  city)  to  whom  it  is  to  be  sent  to 
collect  from  each  person  named  in  the  roll  the  tax  set 
opposite  his  name.1     The  collector  then  proceeds  to  collect 

1  You  have  learned  in  arithmetic  how  each  man's  share  of  a  tax  is  ob- 
tained. First,  you  found  the  total  tax  to  be  raised  for  all  purposes  — 
state,  county,  town,  village,  or  city.     Then  you  divided  this  total  tax  by 


20   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  tax.  He  turns  over  to  the  superintendent  of  highways 
of  the  town,  to  the  overseers  of  the  poor,  and  to  the  super- 
visor such  portions  of  the  money  as  the  town  voted  to 
spend  for  highways,  care  of  the  poor,  and  other  expenses 
of  the  town  respectively,  and  to  the  county  treasurer  the 
residue  of  the  money  collected.  The  collector  must  give  a 
bond  for  the  faithful  performance  of  his  duty.  His  term 
is  for  two  years,  and  he  receives  a  certain  percentage  of 
the  tax  collected  as  a  compensation,  it  being  supposed 
that  if  the  amount  he  receives  for  his  services  depends 
upon  the  amount  of  tax  he  collects,  he  will  make  a  better 
collector  than  he  would  if  he  were  working  for  a  fixed 
salary.  He  may  cause  property  to  be  sold  when  the  taxes 
are  not  paid. 

Constables.  It  is  the  business  of  the  town  to  preserve 
peace.  To  enforce  the  laws  against  wrongdoers,  each 
town  has  its  police  or  constables,  from  one  to  five  in  num- 
ber. These  officers  arrest  disorderly  persons  and  take  them 
before  a  justice  of  the  peace  for  trial  and  punishment. 
They  serve  summonses  (orders  to  appear  in  court)  and 
subpoenas  (orders  to  appear  in  court  as  witnesses  in  a  suit 
at  law).  Thus  the  town  performs  a  distinct  duty  in  the 
care  of  our  peace  and  happiness,  the  safety  of  our  persons 
and  property. 

Town  Superintendent  of  Roads  and  Bridges.  Our 
roads  are  the  centers  of  commercial  life  in  towns  as  streets 
are  in  cities.  To  have  poor  roads  full  of  ruts  and  stones, 
poorly  constructed  sluices  and  bridges  which  endanger 
the  lives  of  horses  and  ourselves,  damage  or  destroy  our 

the  total  assessed  valuation  of  the  property  to  be  taxed.  This  gave  the 
tax  rate.  Then  you  multiplied  each  man's  assessment  by  this  rate  and  the 
result  was  his  tax.  Problem:  The  taxable  property  of  a  town  is  assessed 
at  $8,525,675.  If  your  assessment  is  $6700,  how  much  of  the  total  tax  of 
$73,475  wm  y°u  pay? 


THE   TOWN  21 

property,  is  very  poor  business.  Yet  we  still  find  bridges 
washed  away,  stones  in  the  ruts,  and  other  obstructions 
in  the  highways  of  the  country.  These  render  travel  diffi- 
cult for  those  passing  through  the  town,  and  make  it  very 
expensive  for  farmers  to  get  their  produce  to  market  and 
the  necessary  supplies  home,  since  their  teams  cannot 
haul  much  more  than  half  a  load.  It  is  therefore  for  the 
good  of  those  who  live  in  the  country  as  well  as  of  those 
passing  through  it  that  the  roads  be  well  built  and  well 
kept.  In  this  matter  the  town  has  large  responsibilities. 
To  encourage  towns  in  good  road-building,  the  state 
will  assist  to  the  extent  of  from  fifty  to  ninety  percent 
of  the  cost  of  construction.  This  work  is  under  the 
direction  of  the  town  superintendent  of  roads  and  bridges. 
His  term  is  for  two  years,  and  he  is  paid  a  salary  of  five 
dollars  per  day.  He  is  charged  with  the  general  duty 
of  keeping  the  roads,  sluices,  culverts,  and  bridges  in 
repair  and  free  from  stones  and  snow.  For  this  purpose 
he  may  divide  the  town  into  sections,  and  employ  persons 
with  teams  and  tools.  With  the  approval  of  the  town 
board,  he  may  purchase  stone-crushers,  steam  rollers, 
traction  engines,  road  machines,  and  other  machinery  and 
tools  to  be  used  for  the  construction  of  new  roads  and  for 
the  repair  of  old  ones.  With  the  approval  of  the  county 
superintendent  of  roads,  he  may  hire  any  or  all  of  the 
above  machines,  the  expense  for  which  is  to  be  borne 
by  the  town.  In  certain  instances,  new  roads  may  be 
constructed  at  the  joint  expense  of  state,  county,  and 
town  if  such  roads  form  a  part  of  a  county  system  of 
main  highways. 

Overseers  of  the  Poor.  Two  thousand  years  ago  the 
question  as  to  how  the  poor  and.  the  sick  should  be  cared 
for  by  those  who  were  well  and  able  was  under  discussion. 


22   ACTUAL  GOVERNMENT  OF  NEW  YORK 

This  discussion  has  been  crystallized  and  handed  down 
to  us  in  the  story  of  the  good  Samaritan.  Read  it,  for 
nowhere  else  is  our  duty  to  our  unfortunate  neighbor  so 
clearly  stated.  For  the  care  of  the  town's  poor  one  or  two 
officers,  known  as  overseers  of  the  poor,  are  chosen  at  the 
town  meeting  for  a  term  of  two  years.  It  is  their  duty  to 
inquire  carefully  into  the  needs  of  the  very  poor,  and  to 
assist  worthy  cases  at  their  homes,  or,  if  the  case  warrants, 
to  send  the  needy  person  to  the  county  almshouse.  This 
should  not  be  done,  however,  except  as  a  last  resort. 
Relatives  who  are  able  are  obliged  to  provide  for  their 
own  poor.  In  many  instances  the  aid  needed  is  only 
temporary,  being  due  to  illness  or  to  failure  to  secure  work. 
The  expense  is  borne  by  the  town  and  the  tax  is  voted  at 
the  town  meeting.  These  officers  are  paid  two  dollars  per 
day  for  actual  services. 

Justices  of  the  Peace.  For  the  administration  of  all 
minor  matters  of  both  criminal  and  civil  law  (criminal 
law  has  more  to  do  with  violence  in  various  forms,  while 
civil  law  deals  with  property  and  other  damages)  towns 
elect  four  justices  of  the  peace.  A  justice  court  is  the 
lowest  court  in  the  state ;  its  jurisdiction  does  not  extend 
to  cases  at  law  involving  more  than  $200,  while  murderers 
and  burglars  cannot  be  tried  in  a  justice  court.  They 
may,  however,  be  examined  and  sent  to  jail  to  await  the 
action  of  a  higher  court.  If  any  decision  of  the  justice 
court  is  not  satisfactory  to  either  party  to  the  suit,  it  may 
be  appealed,  that  is,  taken  to  the  county  court  for  settle- 
ment. Justices  of  the  peace  are  chosen  for  four  years 
and  are  paid  by  fees.  They  are  members  of  the  town 
board,  and  when  serving  in  such  capacity,  receive  two 
dollars  per  day.  A  justice  of  the  peace  presides  at  the 
town  meeting. 


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24   ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Town  Board.  The  town  board  consists  of  the 
supervisor,  town  clerk,  and  two  or  more  justices  of  the 
peace.  Its  duties  are  to  appoint  inspectors  of  election,  to 
pass  upon  all  bills  and  accounts  of  the  town  officers,  and  to 
consider  charges  and  accounts  presented  against  the  town. 
The  board  has  certain  joint  duties  with  the  town  superin- 
tendent of  highways.  The  members  receive  two  dollars 
per  day  for  services  rendered.  Appeals  may  be  taken  from 
the  decision  of  the  town  board  to  the  county  board  of 
supervisors,  which  has  power  to  reverse  decisions. 

Town  Auditors.  If  the  voters  at  the  town  meeting 
so  desire,  they  may  elect  three  auditors  to  perform  the 
duties  otherwise  performed  by  the  town  board.  It  is  not, 
however,  the  custom  to  do  this. 

Fence  Viewers.  The  superintendent  of  highways  and 
the  assessors  constitute  a  board  of  fence  viewers  in  each 
town.  Their  duties  consist  in  adjusting  disputes  over 
line  fences  between  adjoining  owners  and  over  the  killing  of 
sheep  by  dogs.     They  receive  a  fee  for  such  services. 

School  Directors.  Two  school  directors  are  elected 
in  each  town  for  a  term  of  five  years.  They  receive  two 
dollars  per  day  for  actual  service,  and  are  allowed  travel- 
ing expenses.  All  the  directors  of  a  supervisory  school  dis- 
trict, which  may  include  several  towns,  meet  and  organize, 
after  which  they  elect  by  ballot  a  district  superintendent  of 
schools  for  a  term  of  five  years.  There  are  about  2000 
school  directors  in  the  state.  In  their  choice  of  a  district 
superintendent,  directors  are  limited  by  law  to  candidates 
who  hold  a  license  to  teach  in  any  of  the  public  schools 
of  the  state,  that  is,  in  city  and  village  schools  as  well  as 
in  country  schools.  The  candidates  in  addition  must  have 
passed  the  state  examination  covering  the  teaching  and 
supervising  of  courses  in  agriculture. 


THE  TOWN 


25 


Inspectors  of  Election.  The  number  of  inspectors  of 
election  depends  upon  the  number  of  election  districts 
in  the  town.  There  are  four  inspectors  for  each  district, 
chosen  by  the  town  board  in  each  year  in  which  a  town  meet- 
ing is  held.1  They  are  representatives  of  the  two  political 
parties  casting  the  highest  number  of  votes  in  the  previous 
November  election.  Their  duty  is  to  serve  at  the  election, 
checking  off  the  name,  from  the  registered  list  of  voters,  of 
each  voter  as  he  casts  his  ballot.  They  also  count  the  votes 
after  the  polls  have  been  closed,  and  certify  to  the  correct- 
ness of  the  returns.  They  serve  for  two  years  and  are 
paid  $4  to  $6  per  day  for  actual  service. 

Vacancies.  Vacancies  in  any  of  the  offices  of  the  town 
may  be  filled  by  the  town  board. 

QUESTIONS   ON   THE   TEXT 

1.  Briefly  state  the  history  of  town  government  in  this 
country. 

2.  What  business  is  transacted  at  a  town  meeting? 

3.  Who  may  vote  at  a  town  meeting? 

4.  What  are  the  qualifications  for  holding  office  in  the  town 
government?     Are  there  any  exceptions  to  these  qualifications? 

5.  Name  the  officers  elected  at  a  town  meeting. 

6.  When  is  the  supervisor  a  town  officer  and  when  a  county 
officer  ? 

7.  Compare  the  executive  power  of  the  supervisor  with  that 
of  the  sheriff  and  governor. 

8.  What  are  the  duties  of  the  assessors?  Explain  fully. 
What  is  meant  by  the  expressions  "grievance  day,"  "swearing 
off"? 

1  As  provided  by  paragraph  311  of  the  election  law,  1914  edition. 


26   ACTUAL  GOVERNMENT  OF  NEW  YORK 

9.   How  is  the  total  tax  which  the  town  is  to  raise  made  up  ? 

10.  To  whom  does  the  collector  of  the  total  tax  assessed 
against  the  property  of  the  town  turn  over  the  moneys  thus 
collected  ? 

11.  Why  is  a  bond  required  of  the  collector  for  the  faithful 
performance  of  his  duty  ? 

12.  What  principle  is  involved  in  paying  the  collector  a  com- 
mission rather  than  a  salary  in  the  collection  of  taxes? 

13.  How  many  constables  are  there  in  your  town  ?     What 

are  their  duties  ? 

14.  Who  owns  the  roads  and  bridges  in  the  town  ?  Why  are 
they  of  special  concern  to  the  people  of  the  town  ?  to  the  people 
of  the  county?   to  the  people  of  the  state  ? 

15.  What  part  do  the  state  and  county  take  in  the  build- 
ing of  good  roads  in  the  town  ?     Is  this  justifiable?     Why? 

16.  What  is  the  name  of  the  officer  who  has  charge  of  the 
roads  and  bridges  in  the  town  ?  How  is  he  elected  ?  For  how 
long  ?     What  is  his  compensation  ? 

17.  Why  should  a  town  be  charged  with  the  care  of  its  poor  ? 
To  what  officers  is  this  work  intrusted? 

18.  Outline  the  proceedings  in  a  justice  court. 

19.  What  officers  of  the  town  constitute  the  town  board? 
Mention  the  duties  of  the  town  board. 

20.  If  town  auditors  are  elected  at  a  town  meeting,  what 
body  of  town  officers  do  they  supplant? 

21.  What  are  the  duties  of  the  fence  viewers,  and  what  town 
officers  constitute  this  board  ? 

22.  How  many  school  directors  are  elected  in  each  town? 
What  are  their  duties? 


CHAPTER  IV 

THE   VILLAGE 

Why  we  have  Villages.  You  have  probably  noticed 
that  many  villages  are  situated  upon  some  body  of 
water ;  frequently  this  body  of  water  is  a  running  stream 
furnishing  water  power.  As  the  country  became  settled, 
this  water  power  was  utilized  for  the  purpose  of  grinding 
the  grain  to  save  its  being  done  by  hand,  as  was  the 
custom  before  we  had  gristmills.  The  miller  exchanged 
his  labor  with  farmers  for  food  and  clothing  for  his  fam- 
ily, which  of  course  he  could  not  produce  while  attending 
the  mill.  The  growing  need  of  the  farmers  for  wagons 
and  sleighs  made  the  wheelwright  necessary.  He  located 
on  the  same  stream  with  the  miller,  that  he  too  might 
use  the  water  power  to  assist  him  in  turning  spokes  and 
hubs  for  wheels  and  in  shaping  other  parts  of  his  wagons 
and  sleighs.  The  blacksmith  followed  the  wheelwright 
to  iron  the  wagons  and  sleighs  and  to  shoe  the  farmers' 
horses.  Thus  the  surrounding  country  journeyed  to  the 
miller,  the  wheelwright,  and  the  blacksmith/  and  we  had 
the  nucleus  T>f  the  village.  Soon  it  was  found  more  eco- 
nomical to  have  the  foodstuffs  and  clothing  which  could 
not  be  raised  or  manufactured  in  the  community  brought 
there  by  one  man  rather  than  for  each  to  journey  long 
distances  for  himself.  Thus  the  merchant  located  near 
the  miller  and  the  wheelwright,  and  the  village  grew.  In 
process   of   time   the   schoolmaster   and  the  preacher  fol- 

27 


28   ACTUAL  GOVERNMENT  OF  NEW  YORK 

lowed,  manufactories  increased,  and  the  surplus  goods  and 
products  were  taken  to  other  places  and  exchanged  for 
things  not  produced  by  the  community.  Thus  the  little 
settlement  grew  into  a  village.  Because  of  a  large  num- 
ber of  families  thus  settling  upon  a  comparatively  small 
area,  certain  necessities  arose,  such  as  the  need  of  fire  and 
police  protection,  sidewalks,  streets,  health  regulations, 
schools,  etc.,  which  did  not  exist  before  such  settlements 
were  formed.  Hence  the  necessity  for  some  organization 
and  agreement  concerning  these  matters. 

Relation  of  Village  to  Town.  A  village,  whether  or 
not  it  is  incorporated,  still  remains  a  part  of  the  town  or 
towns  in  which  it  is  located.  Its  residents  pay  taxes  to 
the  town  government  and  are  subject  to  the  laws  passed 
at  the  town  meeting,  in  which  they  may  take  part.  For 
their  own  special  purposes,  however,  a  separate  govern- 
ment may  be  formed,  providing,  of  course,  the  village  is 
sufficiently  large  to  meet  the  requirements  under  state 
law,  for  villages,  like  towns,  are  created  by  state  law,  which 
strictly  limits  what  a  village  may  or  may  not  do. 

Why  a  Separate  Village  Government  is  Needed.  By 
the  collection  of  a  large  number  of  buildings  and  the 
massing  of  people  together  on  a  small  area,  the  dangers  to 
life  and  property  correspondingly  increase,  and  special  pre- 
cautions have  to  be  taken  in  order  to  reduce  this  risk 
as  much  as  possible.  One  of  the  means  for  reducing  the 
risk  to  property  is  the  procuring  of  an  abundant  water 
supply  to  be  used  in  case  of  fire.  In  order  to  use  this 
water  supply  in  case  of  fire,  it  becomes  necessary  to  bring 
the  water  in  pipes  into  the  village,  distribute  it  through 
the  streets,  and  provide  fire  apparatus.  It  has  been 
found  more  economical  for  all  to  contribute  toward  a 
general  supply  and  apparatus  than  for  each  one  to  have 


Firemen  at  Work  saving  Life  (above)  and  a   Policeman 

MAKING    THE    STREETS    SAFE   (below) 


29 


30   ACTUAL  GOVERNMENT  OF  NEW  YORK 

his  own  separate  supply  and  apparatus  to  be  used  for  the 
same  purpose.  In  a  similar  way  some  protection  to  health 
has  been  secured  by  uniting  upon  a  plan  whereby  garbage 
and  other  refuse  shall  be  collected  at  the  expense  of  the 
village  and  taken  away  and  disposed  of.  Convenience 
in  traveling  has  made  it  necessary  to  have  sidewalks 
and  paved  streets,  and  to  light  the  streets.  There  have 
been  found  necessary  policemen  to  enforce  the  village  and 
city  regulations,  courts  in  which  to  try  offenders,  larger 
schools  than  required  in  the  country  districts,  and  other 
activities  and  institutions  of  local  importance,  all  of 
which  have  been  caused  by  the  settlement  of  a  large 
number  of  people  in  a  small  area.  The  expense  for 
maintaining  these,  as  a  matter  of  common  justice,  rests 
with  those  receiving  the  benefits  and  not  with  the  people 
of  the  towns. 

Formation  of  Villages.  The  duty  of  incorporating 
villages  and  restricting  their  powers  of  taxation,  assess- 
ment, borrowing  money,  contracting  debts,  loaning  their 
credit,  etc.,  is  intrusted  by  the  state  constitution  to  the 
legislature  with  a  view  to  preventing  abuses  along  these 
lines.  The  legislature  has  accordingly  provided  that  a 
territory  not  exceeding  one  square  mile,  having  a  popula- 
tion of  at  least  two  hundred,  not  including  a  city  or 
village  already  incorporated,  may  become  incorporated. 
The  first  step  toward  such  incorporation  must  be  taken 
by  the  people.  At  least  twenty-five  adult  freeholders 
(landowners)  and  residents  of  the  territory  must  submit 
a  proposition  for  incorporation  to  their  supervisor.  If 
he  consents,  the  matter  is  submitted  to  the  voters  at 
a  general  election ;  if  not,  the  freeholders  may  appeal  to 
the  county  court.  In  any  case  the  proposition  must  be 
finally  passed  by  the  majority  of  the  voters  in  the  district 


THE  VILLAGE  31 

concerned.  If  a  majority  approves,  then,  upon  filing  a 
certificate  of  their  approval  in  the  office  of  the  county 
clerk,  the  village  is  incorporated. 

Villages  Classified.  For  convenience  in  legislating,  vil- 
lages have  been  divided  according  to  population  into 
four  classes:  Those  of  the  first  class  must  contain  5000 
inhabitants  or  over ;  those  of  the  second  class,  from  3000 
to  5000 ;  those  of  the  third  class,  from  1000  to  .3000  ;  those 
of  the  fourth  class,  from  200  to  1000.  Formerly  a  village 
desiring  to  incorporate  had  to  apply  to  the  legislature  for  a 
charter  defining  its  boundaries,  naming  its  officers,  their 
duties,  etc. ;  now  all  this  is  provided  for  by  general  laws 
applying  to  all  alike.     In  which  class  is  your  village? 

Village  Officers  and  their  Election.  The  officers  of  a 
village  are  the  president,  trustees,  clerk,  treasurer,  assessors, 
police  justices,  street  commissioners.  These  officers,  with 
the  exception  of  the  commissioners,  who  are  appointed  by 
the  trustees,  and  the  clerk,  who  may  be  either  appointed 
by  the  trustees  or  elected  by  the  people,  are  elected 
in  the  villages  throughout  the  state  on  the  third  Tuesday 
in  March,  unless  the  date  coincides  with  that  of  the  town 
meeting  of  the  town  in  which  any  part  of  the  village  may 
be  situated  or  with  the  general  election,  in  which  case 
the  election  is  held  on  the  following  day.  One  of  the 
reasons  why  a  separate  election  is  held  for  village  officers 
is  to  prevent  the  choosing  of  such  officials  whose  duties 
are  purely  local  from  in  any  way  being  overshadowed  by 
the  election  of  higher  officials  such  as  state  and  federal. 
Thus  the  business  of  a  village  is  kept  separate  and  con- 
sidered on  its  own  merits. 

The  Legislative  Branch.  The  legislative  branch  of 
the  village  government  consists  of  the  village  meeting, 
the  board  of  trustees,  and  the  village  president.     Villages 


32        ACTUAL   GOVERNMENT  OF  NEW  YORK 

of  the  first  class  must  have  not  less  than  two  nor  more 
than  eight  trustees ;  of  the  second  class,  not  less  than  two 
nor  more  than  six;  of  the  third  and  fourth  classes,  not 
more  than  four  nor  less  than  two  trustees. 

The  Village  Meeting.  Like  the  town  meeting,  the 
village  meeting  has  legislative  powers.  It  selects  the  vil- 
lage officers,  and  all  questions  relating  to  the  large  expen- 
diture of  village  funds  must  be  submitted  to  the  tax-paying 
voters  of  the  village.  Some  of  these  questions  are :  Shall 
the  village  put  in  or  extend  the  waterworks  system,  create 
or  equip  a  fire  department,  build  a  police  station,  put 
in  or  extend  a  system  of  street  lighting,  street  paving, 
sewerage  or  drainage,  etc.  ?  Upon  all  questions  relating 
to  expenditure  of  funds  only  taxpayers  may  vote ;  for  the 
election  of  officers  any  qualified  voter  at  a  town  meeting 
may  "vote. 

The  Board  of  Trustees.  The  state  law  relating  to 
villages  provides  that,  among  other  duties,  a  board  of 
trustees  has  the  power  to  establish  a  lockup,  pound,  clock, 
and  market ;  to  establish  fire  limits ;  to  name  streets ;  to 
employ  an  attorney  ;  to  construct  drains  and  regulate  water 
courses ;  to  establish  and  regulate  a  village  water  supply 
and  provide  lights.  It  also  has  all  the  powers  of  separate 
boards  of  fire,  water,  light,  sewer,  and  cemetery  commis- 
sioners, if  the  village  has  no  such  separate  boards.  The 
trustees  may  make  ordinances  for  the  preservation  of  the 
peace  and  for  the  order  of  the  streets  and  public  places  of 
the  village ;  they  may  regulate  public  amusements,  the 
speed  of  locomotives  and  cars  at  street  crossings,  the  speed 
of  automobiles  and  other  power  vehicles,  the  use  of  fireworks, 
inflammable  materials,  and  gunpowder,  and  may  issue  cer- 
tain uniform  licenses.  The  board  holds  an  annual  meeting 
on  the  Monday  following  the  village  meeting.     A  majority, 


THE   VILLAGE  33 

including  the  village  president,  constitute  a  quorum  to  do 
business.  Laws  passed  by  the  board  of  trustees  are  called 
ordinances.  Village  trustees  are  elected  for  a  term  of 
two  years,  one  half  of  their  number  being  chosen  at  each 
annual  village  meeting  (election). 

The  Executive  Branch.  The  executive  branch  of  the 
village  government  consists  of  the  village  president, 
clerk,  assessors,  overseer  of  the  poor,  collector,  street  com- 
missioner, police,  and  such  other  officers  and  executive 
boards  and  commissions  as  the  village  may  have.  These 
officers  are  to  carry  out  the  wishes  of  the  people  as  expressed 
in  the  annual  village  meeting,  and  the  ordinances  of  the 
board  of  trustees. 

The  Village  President.  The  chief  executive  officer 
of  the  village  is  the  president,  chosen  by  the  voters  at  the 
annual  village  election  for  one  year,  and  serves  without 
pay.  He  is  the  head  of  the  police  force,  as  the  governor  is 
of  the  militia  and  the  president  of  the  United  States  is  of 
the  army.  He  presides  at  all  meetings  of  the  board  of 
trustees  and  has  a  vote  in  that  body,  but  does  not  have 
the  veto  power  over  its  proceedings.  It  is  his  duty  to 
enforce  the  ordinances  passed  by  the  board  of  trustees, 
and  he  may  sue  any  person  or  corporation  in  the  name 
of  the  village  for  the  collection  of  any  sum  due  it.  He 
must  be  a  property  owner  paying  taxes  for  the  support  of 
the  village  government.  Since  the  president  has  a  vote  in 
the  board  of  trustees,  he  has  legislative  as  well  as  execu- 
tive power. 

Other  Executive  Officers.  The  other  executive  officers 
of  the  village  are  the  clerk,  overseer  of  the  poor,  assessors, 
collector,  street  commissioner,  and  treasurer.  The  treas- 
urer receives  and  pays  out  the  public  money  belong- 
ing  to    the  village ;    the  collector  collects   the   tax  voted 


34   ACTUAL  GOVERNMENT  OF  NEW  YORK 

to  defray  the  annual  expenses  for  maintaining  improve- 
ments and  the  village  government ;  the  assessors  value 
the  property  upon  which  the  tax  is  to  be  raised  (see  para- 
graph on  assessors  in  Chapter  III,  pp.  18-19) ;  the  clerk  acts 
as  clerk  of  the  board  of  trustees  and  is  also  custodian  of 
the  public  records  of  the  village ;  the  commissioner  of 
streets  has  charge  of  the  streets,  sidewalks,  and  bridges, 
under  the  direction  of  the  board  of  trustees,  and  may  also 
arrange  for  and  supervise  the  disposal  of  garbage. 

The  Judicial  Branch.  The  judicial  branch  of  the  vil- 
lage consists  of  a  police  justice,  who  is  elected  every  four 
years  by  the  voters  of  the  village  at  the  annual  election. 
Persons  charged  with  the  violation  of  the  village  ordi- 
nances are  brought  before  the  police  justice,  where  they  are 
tried ;  that  is,  a  careful  inquiry  is  made  as  to  whether 
or  not  they  have  committed  the  offense  as  charged.  If 
found  guilty,  the  justice  determines  what  their  punish- 
ment is  to  be ;  this  is  called  a  sentence.  If  they  are  shown 
to  be  innocent,  the  justice  dismisses  the  charge  against 
them  and  they  go  free.  A  constable  usually  makes  the 
arrest,  bringing  the  accused  person  before  the  police  justice 
for  trial.  The  police  justice  may  direct  that  criminals 
be  arrested,  and  he  may  hold  a  court  of  special  sessions 
for  the  trial  of  misdemeanors  (petty  crimes)  committed  in 
the  village.  Inasmuch  as  a  village  may  be  sued  or  may 
sue  in  courts  of  law  like  an  individual  for  any  sum  of  money 
which  it  owes  or  which  is  due  it,  the  board  of  trustees 
appoints  a  village  attorney,  whose  duty  it  is  to  represent 
the  interests  of  the  village  in  all  matters  of  law  to  which 
the  village  is  a  party. 

Board  of  Education.  The  large  number  of  children 
in  a  village  make  large  demands  for  schools  and  teachers. 
In  order  that  their  interests  may  be  carefully  looked  after, 


THE   VILLAGE  35 

a  board  of  education  of  not  less  than  three  nor  more  than 
nine  members  is  elected  at  the  annual  charter  election 
of  the  village,  the  ticket  being  marked  "  for  school  trustee." 
Incorporated  villages  are  usually  organized  into  a  union 
free  school  district,  and  as  such  are  entirely  free  from  the 
village  government  in  all  matters  pertaining  to  the  educa- 
tion of  the  children  of  the  village.  The  expenditure  of 
large  sums  of  money  for  school  buildings  or  extensions, 
sites,  etc.  must  be  submitted  to  the  voters,  but  in  all 
minor  expenditures  for  repairs,  extensions,  etc.  the  board 
of  education  has  full  authority.  It  also  has  full  authority 
to  prescribe  the  course  of  study,  the  textbooks  to  be  used, 
and  to  supervise  the  work  of  the  schools ;  to  hire  duly 
qualified  teachers,  janitors,  and  librarian ;  to  provide  for 
the  heating,  lighting,  and  cleaning  of  the  buildings ;  to 
insure  all  school  property  and  have  full  charge  of  the  same ; 
to  provide  for  the  medical  inspection  of  the  pupils,  estab- 
lish night  schools  and  kindergartens,  and  otherwise  to 
provide  for  an  efficient  school  or  system  of  schools.  For 
the  maintenance  of  these  things  the  board  of  education 
is  empowered  to  raise  and  collect  a  tax  upon  the  taxable 
property  of  the  village.  The  officers  of  the  board  of 
education  are  a  president,  treasurer,  clerk,  and  collector, 
who  perform  the  same  duties  that  these  officers  perform  in 
the  school  district.  In  villages  of  five  thousand  inhabitants 
or  more  the  board  of  education  may  appoint  a  super- 
intendent of  schools  who  becomes,  the  executive  officer  of  the 
board,  recommending  teachers,  textbooks,  supplies,  and 
courses  of  study,  library  books  and  apparatus,  and  rules 
and  regulations  for  the  management  of  the  schools. 

Public  Utilities.  By  public  utilities  we  mean  those  con- 
veniences and  necessities  furnished  by  some  central  author- 
ities —  for  example,  street  lights,  water  supply.      These 


36   ACTUAL  GOVERNMENT  OF  NEW  YORK 

utilities  are  usually  supplied  by  a  private  corporation, 
although  in  some  instances  they  are  furnished  by  the 
village.  The  water  supply  is  usually  provided  by  the  vil- 
lage, and  the  tendency  seems  to  be  toward  public  ownership. 
The  reason  for  this  is  apparent  when  we  consider  that 
water  is  needed  for  the  cleaning  of  our  streets,  the  flushing 
of  our  sewers,  and  for  our  fire  department,  as  well  as  in  our 
homes.  An  abundant  and  pure  water  supply  increases 
the  value  of  property,  makes  life  more  secure,  reduces 
the  risk  of  loss  of  property  by  fire,  reduces  thereby 
the  cost  of  insurance,  and  makes  any  village  more 
desirable  for  business  and  residence.  Where  these  utili- 
ties are  conducted  by  private  corporations,  they  come 
under  the  supervision  of  the  state  public-service  com- 
mission, whose  duty  it  is  to  look  after  the  rights  of 
individuals. 

Streets  and  sidewalks  are  usually  public  property. 
These  are  laid  out,  built,  and  maintained  by  general 
ordinances  passed  by  the  board  of  trustees.  The  laying 
out,  building,  paving,  and  repairing  is  a  public  expense, 
to  be  borne  by  the  property  owners  of  the  village.  The 
method  of  raising  the  tax  is  sometimes  to  divide  it  be- 
tween the  village  as  a  whole  and  the  abutting  property 
of  the  street  improved.  Sidewalks  are  built  by  the 
owners  of  the  abutting  property.  The  same  method  is 
followed  in  the  construction  of  sewers  and  drains  —  that 
is,  either  making  the  cost  a  general  charge  upon  the  whole 
village  or  dividing  it  between  the  village  and  the  abutting 
property.  Streets  are  to  be  used  for  the  general  purpose 
of  travel  and  traffic.  They  may  also  be  used  on  the  surface 
for  street  cars  and  for  poles,  for  electric  light,  telegraph, 
and  telephone  wires,  and  beneath  the  surface  for  sewers 
and  water  and  gas  mains.     Whenever  streets  are  to  be  so 


THE   VILLAGE  37 

used  by  private  corporations,  consent  must  first  be  had 
from  the  village.  This  consent  is  called  a  franchise.  A 
franchise  is  obtained  by  making  application  to  the  village 
trustees,  who  may  vote  to  grant  one  for  a  limited  number 
of  years  or  for  a  longer  period.  A  franchise  is  an  agreement 
between  the  village  and  a  private  corporation,  giving  the 
corporation  permission  to  do  certain  things  and  to  use  the 
streets  for  certain  purposes,  in  return  for  which  it  is 
to  establish  the  new  utilities  within  the  village.  These 
franchises  usually  relate  to  street  lighting,  water  supply, 
street  railways,  and  telephones.  Generally  speaking,  a  fran- 
chise should  be  an  agreement  for  a  limited  number  of  years, 
in  order  to  protect  the  corporation  and  also  the  village. 
A  certain  per  cent  of  the  gross  earnings  of  the  corporation 
under  the  franchise  should  go  into  the  treasury  of  the  village. 

Fire  Protection.  For  protection  against  fire,  a  fire 
department  is  organized.  This  usually  consists  of  volun- 
teers, but  occasionally  of  paid  firemen.  The  village  always 
supplies  hose,  hose  carts,  engines,  hooks  and  ladders,  and 
various  other  devices  for  the  successful  righting  of  fire. 
It  also  controls  hydrants  in  different  parts  of  the  village 
for  the  use  of  the  firemen. 

The  Board  of  Health.  The  board  of  health  has  under 
its  immediate  supervision  the  general  health  of  the  village. 
It  has  the  right  to  quarantine  houses  where  there  are  cases 
of  contagious  diseases ;  to  test  the  water  supply  as  to  its 
purity  and  suggest  methods  of  improvement;  to  see  that 
all  refuse,  garbage,  etc.  is  properly  cared  for.  Where 
there  are  sewers,  the  board  has  the  right  to  force  all  owners 
of  public  and  private  property  to  connect  with  them,  and 
to  call  attention  to  the  need  for  cleaning  the  streets  in  case 
of  neglect  of  the  regular  street  commissioner,  where  there 
is  such  an  officer.     The  board  of  health  is  under  the  direct 

45197 


38       ACTUAL   GOVERNMENT  OF  NEW  YORK 


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THE  VILLAGE  39 

supervision  of  the  state  commissioner  of  health,  who  may 
order  a  quarantine  of  a  village,  town,  or  section  of  the 
state.  In  the  case  of  diseases  dangerous  to  the  health  of 
the  state  (for  example,  the  hoof  and  mouth  disease  among 
cattle  in  191 5),  the  state  takes  control  and,  with  the  help  of 
local  authorities,  stamps  them  out.  The  care  of  the  public 
health  is  important.  Persons  having  diseases  which  can  be 
given  to  others  should  gladly  submit  to  quarantine.  Failure 
to  observe  quarantine  regulations  is  punishable  by  law. 

QUESTIONS    ON   THE   TEXT 

1.  Show  how  natural  advantages  determine  to  some  extent 
the  location  of  a  village. 

2.  Show  how  the  village,  whether  incorporated  or  otherwise, 
is  still  subject  to  the  town  government. 

3.  Why  is  a  separate  government  needed  for  the  village? 

4.  What  authority  does  the  state  constitution  give  to  the 
legislature  over  the  affairs  of  the  village  ? 

5.  What  are  the  steps  necessary  to  bring  about  the  in- 
corporation of  a  village? 

6.  Give  the  different  classes  of  villages  and  tell  to  what 
class  your  village  belongs. 

7.  Mention  the  officers  of  the  village  and  one  duty  per- 
formed by  each. 

8.  What  is  the  advantage  of  holding  the  village  election  the 
third  Tuesday  in  March  instead  of  at  the  general  election  in 
November  ? 

9.  Mention  the  three  parts  of  the  legislative  branch  of  the 
village  government.  Give  one  illustration  of  legislation  under 
each  branch. 

10.  Outline  the  work  done  at  the  village  meeting.  Why 
should  all  questions  relating  to  a  large  expenditure  of  funds  be 
submitted  to  the  tax-paying  voters  of  the  village? 


40   ACTUAL  GOVERNMENT  OF  NEW  YORK 

11.  What  village  authority  has  the  power  to  establish  fire 
limits,  employ  an  attorney,  regulate  the  village  water  supply? 

12.  Name  the  executive  officers  of  the  village  and  one  duty 
of  each. 

13.  Compare  the  chief  executive  officer  of  the  village  with 
the  chief  executive  officer  of  the  town  and  county. 

14.  Who  tries  persons  charged  with  the  violation  of  a  village 
ordinance  ? 

15.  What  are  the  duties  of  the  village  attorney? 

16.  Show  why  it  is  better  to  separate  the  schools  of  a  village 
and  their  management  from  the  village  government. 

17.  Give  the  powers  and  duties  of  a  board  of  education  and 
the  method  of  their  election. 

18.  Show  how  an  abundant  and  pure  water  supply  increases 
the  value  of  property. 

19.  What  is  a  franchise,  and  how  is  it  obtained  ? 

20.  Why  is  it  better  for  a  village  to  limit  its  franchises? 


CHAPTER   V 


THE    CITY 


General  Statement.  A  city  might  be  called  an  over- 
grown village.  At  one  time  it  was  a  village,  and  in  the 
early  beginning  probably  a  very  small  settlement.  What 
has  been  said  in  the  chapter  on  The  Village  applies 
equally  to  the  city.  The  organization  and  government 
are  similar.  The  city,  therefore,  might  be  characterized 
as  an  intensified  village.  Like  villages,  cities  are  usually 
located  in  the  neighborhood  of  some  natural  advantage, 
such  as  water  power,  mineral  deposits,  excellent  sea  or 
lake  port,  or  navigable  river.  Since  our  cities  were 
located  before  the  days  of  railroads,  canals,  steamships, 
and  electricity,  the  reason  for  thus  selecting  a  spot  favored 
by  nature  is  even  more  apparent  than  under  present  con- 
ditions. In  the  study  of  your  city  it  is  well  to  note  these 
natural  advantages  and  to  learn  as  much  as  possible  about 
its  early  history.  Learn  also  about  its  government,  its 
various  activities,  what  persons  are  responsible,  and  to  whom 
they  are  responsible,  for  the  faithful  discharge  of  the  duties 
connected  with  these  activities,  how  people  get  appointed 
or  elected  to  the  positions  which  they  hold,  how  delin- 
quent officials  may  be  made  to  do  their  duty,  the  methods 
used  in  governing  other  cities  —  in  short,  ascertain  in  detail 
those  things  which  lead  to  an  intelligent  understanding  of 
the  conditions  in  your  city,  why  they  exist,  and  how  they 
may  be  continued  or  changed. 

41 


42   ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Street.  The  streets  and  the  parks  of  a  city  are 
owned  and  cared  for  by  the  city,  and  include  most  of 
the  unoccupied  space  within  the  city  limits,  except  vacant 
lots  here  and  there  which  are  private  property.  It  will 
be  seen,  therefore,  that  the  street  in  a  city  is  more  em- 
phatically the  center  of  all  city  life  —  that  is,  of  traffic, 
travel,  utilities,  etc.  —  than  in  the  village  or  in  the  country, 
because  of  the  difference  in  density  of  the  population. 
Every  one  is  interested  in  the  streets  of  his  city  —  in 
having  them  well  laid  out,  well  paved  and  curbed,  prop- 
erly bridged,  cleaned,  and  drained,  provided  with  suitable 
gutters,  sidewalks,  sewers,  etc.  It  is  our  duty  to  know 
how  these  matters  are  brought  about,  how  permission 
may  be  obtained  to  use  the  streets  for  private  gain  as 
well  as  for  public  good,  for  what  streets  may  be  used 
below  the  surface,  on  the  surface,  above  the  surface,  who 
pays  for  all  of  these  things,  how  the  money  is  obtained, 
and  the  many  other  interesting  details  about  our  streets 
which  demand  constant  care  and  expense. 

How  Streets  are  laid  out:  New  Problems.  There 
is  little  or  no  difficulty  experienced  in  the  matter  of  laying 
out  streets  or  putting  through  a  new  street  in  the  early 
beginning  of  a  city.  Later,  however,  when  the  city  has 
grown  and  the  property  becomes  exceedingly  valuable, 
difficulties  arise  which  did  not  before  exist.  In  the  case 
of  difficulty,  however,  at  the  beginning  or  at  a  later 
period,  the  process  of  taking  private  property  for  public 
purposes  is  the  same.  This  process  is  called  exercising  the 
right  of  eminent  domain  (see  p.  97).  Art.  I,  sect.  7,  of  the 
constitution  provides  that  private  property  shall  not  be 
taken  for  public  use  without  due  process  of  law  and 
without  just  compensation.  Due  process  of  law  would 
be  for  the  city  to  present  to  the  supreme  court  a  petition 


I 


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Cleaning  the  Streets 

Health  depends  largely  upon  cleanliness.     Another  direct  benefit  of  city  govern- 
ment is  the  removal  of  refuse  from  the  streets 


43 


44   ACTUAL  GOVERNMENT  OF  NEW  YORK 

to  have  the  street  put  through  in  the  desired  locality. 
The  supreme  court  would  appoint  three  commissioners, 
whose  duty  it  would  be  to  take  evidence  as  to  the  need 
of  the  street  and  the  value  of  the  property.  If  the  street 
is  ordered  by  the  commissioners,  the  property  is  said  to  be 
condemned  and  may  then  be  used  for  the  public  good. 
The  owner  of  the  property  is  awarded  suitable  damages ; 
that  is,  he  is  paid  for  his  property.  These  proceedings  are 
frequently  referred  to  as  condemnation  proceedings.  It  not 
infrequently  happens  that  streets  are  laid  out  by  the  owner 
of  the  property,  who  also  provides  proper  drains,  sewers, 
curbs,  sidewalks,  lights,  etc.  at  his  own  expense,  knowing 
full  well  that  these  improvements  will  increase  the  value 
of  his  property  and  make  it  more  salable.  It  sometimes 
happens  also  that  if  a  city  will  agree  to  make  the  above 
improvements  through  private  property,  the  owner  will 
give  the  city  the  right  of  way  through  his  property,  since 
the  value  of  the  remainder  will  be  increased.  In  these 
last  two  instances  condemnation  proceedings,  with  the 
attendant  expenses,  would  be  unnecessary. 

Use  of  the  Streets.  Streets  and  country  roads  are  used 
primarily  for  travel  and  traffic.  These  streets  are  expen- 
sive, and  their  first  cost  for  grading,  paving,  etc.  is  borne 
by  the  abutting  property.  Along  them  we  have  the 
right  to  pass  for  the  ordinary  purposes  of  social  and  com- 
mercial life,  but  we  have  no  right  to  interfere  with  the 
same  rights  of  others.  We  would  not,  therefore,  be  per- 
mitted to  drive  through  them  at  a  high  rate  of  speed,  to 
make  a  speech  on  a  street  corner,  or  to  organize  a  parade, 
without  first  obtaining  permission  from  the  proper  officer. 
In  congested  centers,  convenience  and  safety  require  that 
we  observe  traffic  regulations  and  pass  down  the  right- 
hand   side   of   the   street.     Streets   should  not  be  paved 


THE  CITY  45 

until  water,  gas,  and  sewer  mains  are  laid  and  connections 
brought  inside  the  curb  line  for  each  building  and  each 
vacant  lot,  in  order  that  the  unnecessary  expense  of  tear- 
ing up  the  pavement  and  relaying  it  may  be  avoided. 

Village  and  city  streets  are  used  for  other  purposes, 
among  which  are  the  following:  (i)  below  the  surface  — 
for  sewer  and  drain  pipes,  gas  and  water  mains,  electric 
light,  telephone,  and  telegraph  wires,  and  subways  for  all 
kinds  of  traffic ;  (2)  on  the  surface  —  for  all  kinds  of  vehi- 
cles, pedestrians,  trolley  cars,  steam  railways  at  grade 
crossings  or  running  parallel  with  and  through  streets  at 
grade,  and  on  the  sides  for  electric  light,  telephone,  and 
telegraph  poles  ;  (3)  above  the  surface  —  for  elevated  steam 
and  electric  railroads  to  facilitate  traffic,  especially  in  con- 
gested centers. 

How  Permission  to  use  the  Streets  is  Gained.  As  a  rule, 
cities  own  their  sewerage  and  drainage  systems,  and  the  tend- 
ency seems  to  be  toward  owning  their  water  systems.  The 
successful  use  of  sewers  compels  the  use  of  the  public  water 
supply,  and  this  is  equivalent  to  compelling  people  to  pat- 
ronize a  private  enterprise  if  the  supply  is  not  publicly 
owned.  Then,  too,  the  efficiency  of  the  fire  and  street-clean- 
ing departments  is  largely  dependent  upon  the  abundance 
and  efficiency  of  the  water  supply.  There  is  a  further  tend- 
ency for  cities  to  own  or  control  the  electric  light  and  gas 
plants.  In  a  majority  of  cases,  however,  such  public  utili- 
ties as  those  mentioned  above  are  owned  and  operated  by 
private  corporations.  When  this  is  the  case,  it  becomes 
necessary  for  these  private  companies  to  obtain  permis- 
sion to  use  the  streets  for  their  pipe  lines  below  the  surface 
or  for  their  poles  along  the  sides.  This  permission  is 
granted  by  the  common  council,  and  is  called  a  franchise, 
or  charter,  defining  the  rights,  duties,  and  limitations  of 


46   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  company  named  in  the  franchise.  There  is  a  growing 
tendency  toward  limiting  these  franchises  to  a  definite 
period  of  time,  sufficiently  long  to  protect  the  company 
making  the  large  investment  and  sufficiently  short  to  pro- 
tect the  city  granting  the  privilege,  which  privilege  usually 
establishes  a  monopoly  in  the  commodity  manufactured 
or  supplied  by  the  company.  Corporations  are  sometimes 
required  to  pay  into  the  treasury  of  the  city  a  certain 
per  cent  of  their  gross  earnings,  thus  sharing  in  the  burden 
of  maintaining  the  city^  government.  Inasmuch  as  the 
franchise  empowers  a  corporation  to  tear  up  pavements, 
which  it  must  replace  but  which  it  can  seldom  lay  as  well 
as  originally,  it  is  only  just  that  the  corporation  bear  its 
full  share  of  the  expense  of  city  government. 

A  City's  Business.  There  are  many  things  which  can 
be  better  and  more  economically  done  by  the  city  than 
by  individuals.  These  various  matters  are  performed 
under  the  direction  of  well-organized  departments  of 
education,  health,  fire,  police,  justice,  care  of  the  poor, 
finance,  etc.,  all  except  the  department  of  education  being 
responsible  to  the  mayor  and  common  council.  This  work 
calls  for  a  large  number  of  employees,  and  for  the  same 
business  and  executive  ability  that  is  required  in  managing 
a  large  department  store.  It  makes  no  difference  whether 
it  is  New  York,  San  Francisco,  or  Peking,  the  same  principles 
of  pure  business  are  involved.  Politics,  therefore,  should 
form  no  part  in  the  selection  of  city  officials,  who  should 
be  chosen  for  their  known  business  ability  and  sterling 
integrity.  An  employee  of  the  city  drawing  a  day's  wage 
should  be  made  to  render  the  same  service  that  he  would  ren- 
der a  private  individual.     This,  however,  is  not  always  done. 

The  City  Charter.  The  source  of  city  government  is 
the  charter  granted  by  the  state  legislature.     This  charter, 


THE   CITY  47 

or  constitution,  defines  the  boundaries  of  the  city,  divides 
it  into  wards,  and  names  the  officers  to  be  elected,  setting 
forth  their  powers  and  duties  and  authorizing  the  citizens 
to  elect  such  officers.  When  a  city  is  thus  organized, 
it  becomes  independent  of  the  town  or  towns  included 
wholly  or  in  part  within  the  city  boundary.  Where  the 
whole  town  or  towns  are  thus  included,  town  governments 
cease  altogether,  and  the  same  is  true  for  that  part  of 
a  town  included  within  the  boundaries  of  a  city. 

The  government  of  a  city,  like  that  of  the  nation,  state, 
and  county,  is  divided  into  legislative,  executive,  and  judi- 
cial departments,  but  no  department  of  the  city  government 
exercises  authority  not  specifically  granted  it  by  its  char- 
ter, which  is  the  fundamental  law  made  for  it  by  the  state 
legislature.  A  city  government,  therefore,  is  one  of  strictly 
delegated  powers. 

Cities  Classified.  All  cities  are  divided,  according 
to  the  state  constitution,  into  three  classes.  The  first 
class  includes  cities  having  a  population  of  175,000  or 
more ;  the  second  class  includes  those  cities  having  a 
population  of  over  50,000  and  less  than  175,000;  the  third 
class  includes  all  cities  having  a  population  of  50,000  or 
less.  In  granting  a  charter  the  legislature  does  not  lose 
its  power  to  regulate  the  city's  affairs.  It  may  pass  gen- 
eral laws  affecting  all  the  cities  of  a  class  or  of  all  classes, 
or  it  may  pass  special  laws  relating  to  a  single  city  or  to 
a  less  number  than  is  represented  by  a  whole  class.  Gen- 
eral city  laws  may  be  enacted  by  the  legislature  at  will, 
and  thus  the  charters  become  modified.  In  the  case  of 
special  city  laws,  however,  the  fact  is  different.  Such 
laws  have  to  be  referred  to  the  mayor  of  the  city  con- 
cerned, to  be  considered  by  him  in  cities  of  the  first  class, 
and  by  him  and  the  common  council  in  all  other  cities, 


48   ACTUAL  GOVERNMENT  OF  NEW  YORK 

and  returned  to  the  legislature  if  in  session,  or  to  the 
governor  if  the  legislature  is  not  in  session,  within  fifteen 
days,  together  with  a  memorandum  of  approval  or  dis- 
approval. If  the  bill  is  approved  by  the  city  authorities, 
it  then  becomes,  like  any  other  bill,  subject  to  the  approval 
or  veto  of  the  governor.  If  the  city  disapproves,  the  leg- 
islature may  repass  the  bill,  and  it  is  then  subject,  like 
any  other  bill,  to  the  action  of  the  governor.  Before  such 
action  is  taken,  however,  the  legislature  must  provide  for 
a  public  hearing  on  the  bill,  due  notice  of  which  must 
be  given  to  the  city  or  cities  concerned. 

Choosing  of  City  Officials.  In  cities  of  the  first  and 
second  classes,  city  elections  are  held  in  the  odd-numbered 
years,  and  the  tendency  is  to  adopt  this  custom  in  cities 
of  the  third  class.  The  reason  for  thus  holding  city 
elections  is  that  federal  and  state  elections  are  held  in 
the  even-numbered  years,  and  it  is  thought  that  interest 
in  these  larger  elections  would  minimize  the  importance 
of  local  affairs.  While  city  affairs,  as  has  been  pointed 
out,  are  practically  of  a  business  nature,  nevertheless 
political  parties  strive  to  intrench  themselves  in  power  in 
both  federal  and  state  matters  by  the  advantage  gained 
in  controlling  city  government  and  patronage.  It  is  the 
duty  of  citizens,  however,  to  break  up  this  custom  and 
to  insist  upon  the  choice  of  men  whose  business  ability, 
honesty,  and  efficiency  are  beyond  question.  One  of  the 
reasons  why  it  is  at  times  difficult  to  get  such  men  to 
become  candidates  for  office  is  because  of  severe  and 
usually  baseless  criticism  to  which  they  are  subjected 
from  the  day  of  their  nomination  until  the  close  of  their 
administration. 

Legislative     Department.   The    legislative     department 
of   a  city  consists  of   a  board  of  aldermen  or    common 


THE   CITY  49 

council  and  the  people.1  The  members  of  this  body  are 
elected  either  by  wards,  each  ward  electing  one  member, 
or  at  large  by  the  whole  city.  The  term  of  office  is  for 
two  years.  The  legislative  powers  of  the  board  of  alder- 
men or  common  council  are  denned  by  the  city  charter 
and  are  restricted  to  the  city  limits.  The  board  may  pass 
ordinances  regulating  the  use  of 'the  streets,  sewers,  drains, 
docks,  parks,  and  public  buildings,  and  for  the  government 
of  the  city's  local  affairs.  It  may  also  levy  taxes  for  the 
support  of  the  city  government  and  for  other  local  pur- 
poses, as  provided  by  state  law;  borrow  money  for  city 
improvements  under  certain  restrictions ;  fix  the  salaries 
of  city  officials ;  apportion  the  public  money  for  use  by 
the  different  departments  of  the  city's  activities ;  grant 
franchises,  licenses ;  and  regulate  traffic  and  certain  tradeo. 
In  cities  of  the  second  class  the  city's  business  is  carried 
on  by  the  mayor  and  common  council,  and  the  depart- 
ments of  public  instruction,  public  works,  finance,  public 
safety,  assessment  and  taxation,  charities  and  correction, 
justice,  estimate  and  apportionment,  and  law.  Some 
cities  of  the  third  class  also  have  many  of  the  above 
departments. 

Executive  Department.  The  mayor  is  the  chief  exec- 
utive officer  of  the  city.  He  is  elected  by  the  voters  of 
the  whole  city.  His  duties  are  similar  to  those  of  the 
governor ;  for  instance,  he  is  the  head  of  the  police  force,  as 
the  governor  is  of  the  militia,  and  it  is  his  duty  to  preserve 
peace  and  enforce  the  ordinances  of  the  common  council. 
In  some  cities  he  is  the  presiding  officer  of  this  body, 
while  in  others  a  president  of  the  board  of  aldermen  is 

1  City  charters  usually  provide  that  questions  involving  the  expenditures 
of  large  sums  shall  first  be  submitted  to  vote  of  the  people  See  School 
Civics,  Chapter  XVIII. 


50   ACTUAL  GOVERNMENT  OF  NEW  YORK 

elected  by  the  voters  of  the  entire  city.  Like  the  governor, 
the  mayor  has  the  power  of  veto  over  the  acts  of  the  council, 
which  body,  however,  may  repass  the  measure  by  a  two- 
thirds  vote,  when  the  ordinance  becomes  local  law  with- 
out the  mayor's  approval.  Many  of  the  other  executive 
officers  connected  with  the  departments  mentioned  in  the 
preceding  paragraph  are  appointed  by  the  mayor,  approved 
by  the  common  council,  and  many  of  them  may  be  re- 
moved by  the  mayor.  Article  V,  section  g,  of  the  state 
constitution,  however,  provides  that  in  exercising  his  power 
of  appointment  the  mayor  shall  be  subject  to  the  civil- 
service  laws  of  the  state,  and  appointments  shall  be  made 
according  to  merit  and  fitness,  to  be  ascertained  as  far 
as  possible  by  competitive  examinations,  preference  being 
given  to  honorably  discharged  soldiers  and  sailors  of  the 
United  States  who  took  part  in  the  late  Civil  War.  When 
the  mayor  is  not  the  presiding  officer  of  the  common 
council,  and  frequently  when  he  is,  he  prepares  a  message 
outlining  to  the  council  such  matters  as  in  his  judgment 
demand  their  attention.  Thus  it  will  be  seen  that  the 
mayor  has  both  legislative  and  executive  power,  and  that 
his  duties  are  similar  to  those  of  the  president  and  the 
governor,  over  a  much  smaller  field. 

Other  Executive  Officers.  Associated  with  the  mayor  in 
the  executive  work  of  the  city  are  the  treasurer  or  chamber- 
lain, comptroller,  assessors,  tax  collector  (when  this  work 
is  not  done  by  the  chamberlain),  city  attorney,  street  com- 
missioners, and  the  heads  of  the  various  departments 
mentioned  above  (p.  46).  A  large  number  of  these  offi- 
cials are  appointed  by  the  mayor ;  some  of  them  are  elected 
by  the  people.  Their  work  is  sufficiently  indicated  by  their 
names  and  by  the  outline  given  in  the  chapter  on  The 
Village.     Inasmuch  as  the  duties  of  officials  vary  in  different 


THE   CITY  51 

cities,  to  understand  one's  own  city  a  study  of  the  city 
charter  is  necessary.     Get  a  copy  from  your  city  clerk. 

Judicial  Department.  The  judicial  department  consists 
of  one  or  more  judges  elected  by  the  voters  of  the  whole 
city.  In  the  city  of  Greater  New  York  a  certain  number 
of  the  city  judges  are  appointed  by  the  mayor,  and  a 
certain  number  elected  by  the  people.  City  courts  try 
cases  for  the  violation  of  some  city  ordinances ;  they  are 
also  a  part  of  the  judicial  system  of  the  state,  and  as 
such  try  cases  involving  the  violation  of  state  laws  both 
civil  and  criminal.  If  the  sum  involved  in  a  civil  suit  is 
large,  or  if  the  offense  in  a  criminal  case  is  of  a  more  serious 
nature,  the  case  is  tried  by  a  higher  state  court.  For  the 
trial  of  offenses  committed  by  children  the  larger  cities  have 
established  juvenile  courts.  '  Again,  in  the  matter  of  city 
courts,  it  will  be  necessary  to  study  the  charter  of  your 
city,  since  the  number  and  organization  of  the  courts  differ 
considerably  in  the  different  cities. 

Term  of  City  Officers.  Many  city  officers  may  be  re- 
moved by  state  authority  for  sufficient  cause.  In  all 
cities  of  the  first  and  second  classes,  city  officers  in  the 
legislative  and  executive  departments  are  elected  for  a 
term  of  two  years  — ■  a  plan  which  is  also  being  quite  gener- 
ally adopted  in  the  cities  of  the  third  class.  Appointive 
officers  usually  have  the  same  length  of  term  as  the  elective 
officers  who  make  the  appointments,  although  in  some 
cities  commissioners  of  education,  of  public  works,  of  fire 
and  police  departments,  and  some  others  are  appointed 
for  longer  terms.  Where  there  is  more  than  one  city 
judge  the  term  is  usually  from  four  to  six  years  if  the 
judges  are  elected,  and  for  a  longer  term  if  appointed 
by  the  mayor.  The  salaries  for  the  same  officer  differ 
so  widely  that  it  is  inexpedient  even  to  make  a  general 


52   ACTUAL  GOVERNMENT  OF  NEW  YORK 

statement.  In  some  cities  the  mayor  and  aldermen  receive 
no  compensation,  and  this  is  the  rule  for  commissioners 
of  education.  It  is  becoming  quite  general,  however,  to 
hire  an  expert  for  the  different  appointive  offices  of  a  city 
government,  and  to  expect  each  to  be  as  efficient  as  for 
a  private  corporation. 

Board  of  Education.  The  educational  affairs  of  cities  are 
intrusted  to  a  board  of  education,  either  appointed  by  the 
mayor  or  elected,  as  are  other  city  officials,  by  direct  vote 
of  the  people.  The  power  of  the  board  of  education 
differs  in  different  cities.  In  some  the  board  of  educa- 
tion has  full  power  over  the  money  to  be  expended 
for  running  the  schools ;  in  others  this  power  ultimately 
rests  with  the  common  council  or  board  of  estimate 
and  apportionment.  In  general,  however,  the  duties  of 
a  board  of  education  in  a  city  are  the  same  as  in  a 
village  (p.  34).  All  matters  pertaining  to  the  care  of 
buildings,  repairs,  heating,  lighting,  courses  of  study, 
apparatus,  supplies,  books,  qualifications,  and  salaries  of 
teachers  and  other  school  officials  are  questions  wholly 
within  the  care  of  the  board  of  education.  It  is  their 
duty  to  see  that  the  provisions  of  the  compulsory 
school  law  are  observed.  Their  work  also  extends  to  a 
larger  variety  of  schools  —  truant,  training  school  for 
teachers,  technical  schools,  etc.  —  not  usually  found  in 
villages.  The  board  of  education  appoints  a  superin- 
tendent of  schools,  who  becomes  the  executive  officer  of  the 
board  and  is  charged  with  the  responsibility  of  carrying 
out  its  rules  and  regulations.  In  addition,  the  superintend- 
ent of  schools  usually  determines  the  course  of  study ;  rec- 
ommends the  textbooks,  supplies,  and  apparatus ;  makes 
general  suggestions  regarding  the  improvements  of  the 
school  buildings  and  grounds ;  calls  attention  to  the  need 


THE   CITY  53 

of  new  buildings,  proper  heating  and  ventilating  systems, 
medical  inspection  of  the  children;  inquires  into,  deter- 
mines the  fitness  of,  and  recommends  for  appointment 
candidates  for  teaching ;  and  performs  many  other  duties 
looking  toward  the  increased  efficiency  of  the  schools. 

Public  Utilities.  In  cities,  as  in  villages,  water,  gas, 
and  electric  lights  are  furnished  by  some  central  authority 
(p.  3  5) .  It  is  important  that  you  know  whether  this  sendee 
in  your  city  is  performed  by  a  private  corporation  or 
by  the  city  itself ;  whether  the  service  is  adequate  to 
the  needs,  and  if  not,  how  it  can  be  made  so ;  the  cost  of 
the  service  as  compared  with  the  cost  of  similar  service 
in  other  cities ;  the  tendency  toward  public  ownership  and 
the  reasons  for  this  (for  example,  the  relation  of  the  water 
supply  to  health,  insurance,  value  of  property,  etc.). 

Street-Cleaning.  Because  of  its  close  relation  to  the 
health  of  the  city,  one  of  the  important  departments  of 
city  administration  is  that  of  street-cleaning.  In  congested 
centers  it  becomes  necessary  to  wash  the  streets  by  flush- 
ing them  with  water  from  hydrants.  The  removal  of 
snow  from  the  streets,  where  this  is  done,  as  in  New  York 
City,  materially  increases  the  cost  of  cleaning,  but  is 
necessary  because  of  the  fact  that  wheeled  vehicles  are 
used  the  year  round,  and  that,  if  not  removed,  the  melting 
snow  is  likely  to  result  in  blocked  gutters  and  drains. 
For  this  work  large  forces  of  men  are  employed.  In  New 
York  City  these  men  are  required  to  wear  white  uniforms. 
Why  is  this? 

Building  Laws  and  Permits :  New  Problems.  On 
account  of  the  great  value  of  land  in  cities,  due  to  the 
tendency  to  crowd  into  the  business  sections,  it  has  been 
found  profitable  and  convenient  to  build  very  high  build- 
ings, some  of  them  over  forty  stories  high.     If  these  great 


54   ACTUAL  GOVERNMENT  OF  NEW  YORK 

buildings,  holding  thousands  of  people,  are  improperly- 
constructed,  they  are  likely  to  collapse  or  become  mere 
traps  in  case  of  fire.  Or  they  may  not  be  properly  sup- 
plied with  water  and  sewer  connections,  and  be  so  poorly 
lighted  and  ventilated  as  seriously  to  endanger  the  public 
health.  To  avoid  these  difficulties  the  city  council  and  the 
state  legislature  have  passed  building  regulations  and  deter- 
mined fire  districts  to  which  all  must  conform.  Within 
these  districts  only  fireproof  buildings  may  be  constructed. 
A  person  desiring  to  build  within  the  city  limits  must 
obtain  a  building  permit  from  the  proper  officer  and  follow 
prescribed  regulations  as  to  water  and  sewer  connections, 
lighting  and  ventilating,  plumbing,  heating,  materials  to 
be  used  in  the  construction,  and  many  other  important 
details.  Thus  the  city  and  the  state  work  in  harmony 
for  the  protection  of  the  individual.  As  the  city  grows 
it  becomes  necessary  to  rid  its  streets  of  all  poles  and  other 
obstructions,  such  as  overhead  wires,  etc.,  wherever  possible, 
to  make  the  fighting  of  fire  easier.  When  wires  are  thus 
removed  they  are  placed  in  conduits  below  the  surface  of 
the  street.  Another  perplexing  problem  is  the  proper 
disposal  of  garbage.  Formerly  this  garbage  was  emptied 
into  streams.  Now  resort  is  had  to  chemical  processes  and 
to  burning  in  order  further  to  protect  the  public  health 
by  ceasing  to  pollute  the  streams.  While  there  are  numer- 
ous other  problems  peculiar  to  cities,  these  few  will  suffice 
to  show  the  difficulties  which  confront  city  officials  and  call 
for  the  highest  order  of  ability. 

Police  and  Fire  Protection.  We  usually  think  of  the 
police  as  officers  who  try  to  bring  to  justice  those  who 
have  transgressed  the  law  in  some  way,  and  this  is  one 
of  their  chief  duties.  But  there  is  another  duty  equally 
important,  and  that  is  the  prevention  of  crime.     It  is  the 


THE   CITY  55 

duty  of  these  officers  to  be  about  the  city  looking  after 
our  property  and  our  persons  before  crime  has  been  com- 
mitted. In  congested  centers  they  take  charge  of  traffic. 
At  times  it  is  quite  impossible  for  pedestrians  to  cross  the 
street  without  their  aid,  because  of  the  number  of  cars 
and  vehicles.  A  well-organized  and  well-equipped  fire  de- 
partment will  make  it  practically  impossible  for  destruc- 
tive fires  to  occur  frequently,  if  there  are  proper  building 
regulations.  Where  such  a  department  exists,  insurance 
rates  will  be  comparatively  lower  and  property  more 
valuable.  Policemen  are  always  paid  for  their  services ; 
firemen  frequently  give  their  services  in  the  smaller  cities, 
but  are  paid  in  the  larger  ones.  The  men  engaged  in 
both  the  police  and  fire  departments  frequently  are  placed 
in  great  danger.  We  should  therefore  render  them  all 
possible  aid  and  encouragement. 

City  Institutions.  All  cities  have  a  jail  or  polfce  station ; 
some  have  more  than  one.  In  the  larger  cities  the  penal 
institutions  are  imposing  structures  and  under  present 
conditions  seem  to  be  necessary.  In  some  cities  the 
sick  are  taken  care  of  to  some  extent  in  hospitals  at  the 
expense  of  the  city.  The  poor  are  helped  and  the  unfor- 
tunate assisted  in  a  number  of  ways.  Added  to  these  insti- 
tutions are  those  supported  by  churches  and  philanthropic 
organizations.  In  the  more  congested  districts  play- 
grounds, recreation  piers,  roof  gardens,  and  baths  are 
maintained  at  public  and  private  expense  for  the  care  and 
comfort  of  children.  In  some  cities  free  lectures,  concerts, 
and  museums  are  maintained. 

City  Finances.  The  cost  of  all  this  service  mentioned 
in  this  chapter  is  frequently  very  large  and  calls  for  the 
expenditure  of  large  sums  of  money.  Ascertain  what  it 
costs  in  your  city.     The  sources  from  which  this  money 


56   ACTUAL  GOVERNMENT  OF  NEW  YORK 

comes  are  principally  as  follows :  from  taxes  upon  real 
estate  and  personal  property;  from  special  assessments 
on  property  improved  by  a  pavement,  sewer,  etc. ;  from 
licenses  of  various  kinds ;  from  fines  imposed  by  the  courts 
on  individuals  or  corporations ;  from  fees  for  the  recording 
of  documents,  services,  etc. ;  from  the  rental  of  public  prop- 
erty. Assessors  are  chosen  to  appraise  real  estate  and  per- 
sonal property  (p.  18).  This  assessment  forms  the  basis 
for  the  tax.  The  city  budget  is  made  up  from  the  esti- 
mates for  administrating  the  city  government,  the  care  of 
its  institutions,  improvements,  etc.  The  sum  to  be  raised 
is  determined  by  subtracting  the  sum  of  the  special  taxes, 
licenses,  etc.  received,  from  the  amount  of  the  budget. 
The  total  tax  to  be  raised  is  therefore  less  than  the  budget, 
which  includes  the  sums  received  from  various  sources. 
The  tax  rate  is  determined  by  dividing  the  total  tax  to  be 
raised  by  the  total  assessed  valuation.  Many  people  con- 
ceal their  personal  property  and  thus  make  it  difficult  for 
the  assessors  to  estimate  correctly  its  real  value.  It  is 
well  to  compare  your  tax  rate  with  that  in  other  cities 
from  year  to  year.  A  comparison  of  this  rate  with  the 
state  and  federal  tax  is  likely  to  be  misleading  unless 
we  remember  that  the  federal  tax  is  indirect  —  that  is, 
appears  as  a  part  of  the  price  of  an  article  and  not  as 
a  tax  —  and  that  the  state  tax,  aside  from  the  canal 
tax,  is  received  from  taxing  inheritances,  corporations, 
stock  trading,  licenses,  etc.,  and  not  by  a  direct  property 
tax.  However,  these  methods  place  the  taxes  upon  the 
people  just  as  certainly  as  though  they  were  not  levied  in 
the  present  roundabout  way,  for  the  ultimate  consumer 
pays  all  the  bills,  whether  it  be  for  constructing  a  rail- 
road, building  a  battleship,  or  paving  a  street.  Any  good 
business   man   will   verify   this   part   of   our   work.      To 


THE   CITY  57 

ascertain,  then,  what  tax  the  people  are  paying,  find  out 
what  the  state  budget  is,  and  that  will  be  the  amount ; 
and  the  same  is  true  in  the  federal  government.  The 
state  puts  a  limit  upon  a  city  as  to  the  amount  of  indebt- 
edness it  may  incur. 

Commission  Government.  In  recent  years,  however, 
a  deeper  interest  is  being  taken  in  the  management  of  city 
affairs,  and  a  new  form,  known  as  the  "  commission  plan," 
is  being  tried.  This  plan  places  the  management  of  the 
city's  affairs  in  the  hands  of  three  or  five  men,  called  com- 
missioners. Ward  lines  are  obliterated,  and  the  commis- 
sioners are  chosen  to  represent  the  whole  city.  By  nomi- 
nating the  commissioners  at  direct  primaries  (a  place 
where  the  individual  voter  may  express  by  ballot  his  choice 
as  to  candidate),  and  by  using  the  "  New  Zealand  ballot  " 
(by  printing  the  names  of  the  candidates  alphabetically 
without  designating  their  political  affiliations),  partisan 
politics  are  eliminated  and  the  business  affairs  of  the 
city  conducted  in  accordance  with  well-established  business 
principles.  The  commissioners  are  usually  chosen  for  a 
term  which  varies  from  two  to  six  years,  and  are  subject 
to  the  initiative,  referendum,  and  recall  (see  p.  399) ;  that 
is,  if  the  commissioners  do  not  pass  ordinances  which  the 
people  desire,  the  people  may  by  ballot  instruct  them  to 
do  so  (the  initiative) ;  or  if  the  commissioners  pass  ordi- 
nances which  the  people  do  not  want,  the  people  may  by 
ballot  veto  such  legislation  by  registering  their  disapproval 
(the  referendum)  ;  or  if  the  official  acts  of  any  commissioner 
are  objectionable  to  the  people  at  any  time  during  his  term 
of  office,  the  people  may  by  ballot  dismiss  him  from  office 
(the  recall).  Acting  together,  the  commissioners  constitute 
the  legislative  branch  of  the  city  government ;  acting 
separately,  they  constitute  both  the  executive  and  judicial 


58   ACTUAL  GOVERNMENT  OF  NEW  YORK 

branches.  One  of  their  number  is  chosen  mayor  and 
acts  as  commissioner  of  public  affairs;  one  has  charge  of 
the  police,  fire,  and  health  departments  and  is  called  the 
commissioner  of  public  safety;  one  has  charge  of  the 
public  buildings,  streets,  bridges,  sidewalks,  parks,  and 
other  public  works  and  is  called  the  commissioner  of 
public  works;  one  has  charge  of  the  city's  finances  — 
taxes,  licenses,  and  revenue  from  other  sources  —  and  is 
called  the  commissioner  of  finance;  one  has  charge  of  all 
the  city's  legal  business,  including  its  courts,  both  civil 
and  criminal,  and  is  called  the  commissioner  of  justice. 
Sometimes  this  department  of  justice  is  delegated  to  a 
bureau,  and  the  department  of  public  works  divided  into 
two  departments  —  the  one  dealing  with  work  of  a  perma- 
nent nature,  such  as  the  laying  out  of  a  new  street ;  the 
other  with  that  of  maintenance,  such  as  keeping  the  street 
clean.  Each  of  the  above  departments  is  divided  into  a 
number  of  bureaus  charged  with  the  detailed  administra- 
tion of  affairs,  but  directly  responsible  to  the  commissioner 
in  charge  of  the  department.  All  necessary  assistants  are 
appointed  by  the  commissioners  and  may  be  removed  by 
them.  Contracts  for  the  erection  of  public  buildings, 
street  paving,  sewers,  drains,  parks,  and  other  city  improve- 
ments, and  the  granting  of  franchises,  are  entirely  in  the 
hands  of  the  commissioners,  limited  only  by  the  city 
charter,  the  initiative,  referendum,  and  recall.  As  yet  no 
uniform  plan  for  commission  government  has  become  stand- 
ardized, and  changes  are  being  rapidly  made.  In  Niagara 
Falls  and  Dayton  a  modification  known  as  the  city-manager 
plan  is  being  tried.  The  commission  chosen  by  the  people  in 
turn  chooses  a  business  manager,  who  acts  in  relation  to  the 
business  affairs  of  the  city  as  does  the  manager  of  any 
corporation. 


THE   CITY 


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60   ACTUAL  GOVERNMENT  OF  NEW  YORK 

QUESTIONS   ON   THE   TEXT 

1.  In  what  general  features  are  cities  like  villages? 

2.  Why  are  large  cities  usually  located  on  some  navigable 
body  of  water,  or  near  water  power  or  some  mineral  deposit  ? 

3.  Why  is  the  street  such  an  important  feature  of  city  life? 

4.  What  is  "eminent  domain"?  How  are  new  streets  in  a 
city  laid  out  ? 

5.  For  what  may  streets  be  properly  used?  How  may  in- 
dividuals obtain  the  use  of  the  streets  for  private  gain? 

6.  What  is  the  argument  for  granting  limited  franchises? 

7.  Define  "condemnation  proceedings,"  "franchise,"  "pub- 
lic utilities." 

8.  If  a  private  corporation  is  given  permission  to  lay  gas 
mains  through  the  streets,  this  carries  with  it  the  right  to  tear 
up  the  streets  to  repair  those  mains  even  to  the  blocking  of 
traffic.  Is  this  any  reason  why  such  corporations  should  pay 
a  certain  percentage  of  their  gross  earnings  into  the  city's 
treasury  in  addition  to  their  regular  property  tax?  Discuss 
fully  the  principle  involved. 

9.  Mention  the  principal  departments  of  city  government 
which  have  to  do  with  the  administration  of  a  city's  business. 

10.  What  is  the  source  of  a  city's  authority?    How  is  it 
obtained  ? 

11.  What  becomes  of  the  town  or  county  government  when 
they  are  wholly  included  within  the  city's  boundaries? 

12.  By  granting  a  charter  to  cities,  does  the  state  lose  its 
control  over  city  affairs? 

13.  May  the  state  change  a  city's  charter  without  the  city's 
consent?     Explain  fully. 

14.  How  are  cities  classified?    To  which  class  does  your 
city  belong? 

15.  What  advantages   are   there  in  holding   city  elections 
separate  from  state  and  federal  elections? 


THE   CITY  6 1 

16.  Compare  the  business  of  a  city  with  that  of  a  department 
store,  and  show  their  points  of  similarity  and  difference.  In  the 
administration  of  city  affairs,  are  the  same  qualities  needed  in 
officials  as  in  the  heads  of  departments  in  any  great  business? 

17.  Why  is  it  so  difficult  to  get  men  of  great  business  and 
executive  ability  to  become  candidates  for  office? 

18.  Who  is  the  chief  executive  of  a  city?  What  legislative 
powers  has  he? 

19.  Explain  the  duties  of  the  city  manager. 


CHAPTER  VI 
GREATER   NEW   YORK 

General  Statement.  In  general,  New  York  City  is  the 
same  as  other  cities  of  the  state.  But  because  of  its  great 
size,  having  within  its  boundaries  the  five  counties  of 
Kings,  Queens,  New  York,  Richmond,  and  The  Bronx  (one 
half  of  the  entire  population  of  the  state),  it  seems  well  to 
consider  it  briefly,  pointing  out  wherein  it  differs  in  its 
organization  from  other  cities.  The  legislature  of  1897 
granted  New  York  a  new  charter,  uniting  several  cities  and 
villages  which  already  had  charters  into  one  great  city. 
This  act  canceled  all  the  charters  of  the  villages  and 
cities  within  the  boundaries  of  the  greater  city  of  New 
York  thus  created ;  it  also  placed  large  areas  of  common 
farm  lands,  within  the  five  counties  above  named,  within 
the  city  limits.  The  charter  provided  for  the  threefold 
division  of  the  city  government  characteristic  of  all  forms 
of  American  government:  namely,  legislative,  executive, 
and  judicial.  The  state  legislature  has  the  same  authority 
over  the  city  of  New  York  that  it  has  over  other  cities, 
protecting  the  rights  of  its  citizens  in  the  same  manner. 

New  York  Legislative  Department:  its  Board  of  Alder- 
men. The  board  of  aldermen  constitutes  New  York's  chief 
legislative  body.  In  matters  of  detail  it  shares  its  legis- 
lative authority  with  the  board  of  education  in  questions 
pertaining  to  the  schools,  with  the  board  of  estimate  and 
apportionment  in  matters  pertaining  to  franchises  for  the 

62 


Medical  Inspection  (above)  and  a  Pure-milk  Depot  (below) 

These  two  city  departments  are  giving  free  service  under  the  direction  of 

the  city  board  of  health.     Impure  milk  is  the  means  of  spreading  disease. 

Medical  inspection  detects  and  prevents  disease 


63 


64    ACTUAL  GOVERNMENT  OF  NEW  YORK 

use  of  the  streets  and  other  public  property,  with  the  board 
of  health  in  matters  relating  to  the  general  health  regula- 
tions of  the  city,  and  with  the  park  commissioners  in  matters 
pertaining  to  the  public  parks.  The  city  is  divided  into 
sixty-seven  districts,  and  each  district  elects  one  member 
to  the  board  of  aldermen.  The  president  of  the  board  of 
aldermen  is  elected  by  the  voters  of  the  entire  city  at  the 
same  time  and  for  the  same  term  that  the  mayor  is  elected. 
His  salary  is  $7500  per  year.  (The  president  of  the  board 
of  aldermen  is  acting  mayor  of  the  city  during  the  absence 
or  disability  of  the  mayor.)  In  each  of  the  five  boroughs 
a  president  is  elected  by  the  voters  of  the  entire  borough. 
The  salary  in  the  borough  of  Queens  and  Richmond  is 
$5000  per  year,  and  $7500  in  each  of  the  remaining  three 
boroughs.  These  borough  presidents,  the  sixty-seven  alder- 
men, and  the  president  of  the  board  constitute  the  board 
of  aldermen.  The  term  of  an  alderman  is  two  years,  and 
the  salary  is  $2000  per  year.  The  board  appoints  a  clerk, 
who  is  also  city  clerk,  for  a  term  of  six  years  at  a  salary  of 
$7000  per  year.  A  majority  of  the  board  of  aldermen 
constitutes  a  quorum  to  do  business.  The  board  holds  at 
least  one  meeting  per  month.  Its  place  of  meeting  is  in 
the  borough  of  Manhattan. 

All  questions  involving  the  expenditure  of  large  sums  of  pub- 
lic money  or  making  specific  public  improvements  require 
a  unanimous  vote  of  the  board,  while  a  majority  is  sufficient  to 
settle  other  matters.  Upon  any  question  named  in  the  city 
charter  the  board  may  pass  ordinances.  Some  of  these  ques- 
tions are  the  establishment  and  regulation  of  public  markets, 
parks,  streets,  boulevards,  bridges,  docks,  waterworks,  school- 
houses,  and  other  public  buildings  of  the  city  ;  the  inspection 
and  sealing  of  weights  and  measures ;  the  inspection,  weigh- 
ing, and  measuring  of  coal,  wood,  hay,  etc. ;  the  numbering 


GREATER  NEW  YORK  65 

of  houses  and  lots ;  regulating  public  cries,  advertising 
noises,  steam  whistles,  etc. ;  regulating  the  use  of  guns, 
pistols,  fireworks,  etc. ;  regulating  places  of  public  amuse- 
ment, the  construction  and  use  of  hydrants,  cisterns, 
sewers,  pumps,  etc. ;  regulating  partition  walls  and  fences ; 
licensing  truckmen,  hackmen,  expressmen,  pawnbrokers, 
and  others ;  the  suppression  of  vice  and  immorality  and 
the  prohibition  of  gambling  houses.  The  board  may 
change  ward  boundaries,  and  it  may,  on  recommendation 
of  the  board  of  estimate  and  apportionment,  fix  generally 
the  salary  or  compensation  of  any  officer  or  person  paid 
out  of  the  city  treasury,  except  day  laborers,  teachers, 
examiners,  and  members  of  the  supervising  staff  of  the 
department  of  education.  It  may  reduce  salaries  rec- 
ommended by  the  board  of  estimate  and  apportionment, 
subject,  however,  to  the  veto  power  of  the  mayor.  The 
board  may,  within  the  limits  fixed  by  state  law,  authorize 
the  city  to  issue  its  bonds  for  needed  public  improve- 
ments. 

New  York's  Executive.  The  chief  executive  officer  of 
New  York,  as  in  other  cities,  is  the  mayor.  He  is  chosen 
by  the  voters  of  the  entire  city  for  a  term  of  four  years, 
and  receives  a  salary  of  $15,000.  Like  the  aldermen,  he  is 
chosen  in  the  odd-numbered  years,  in  order  to  separate  city 
affairs  from  federal  and  state  politics.  The  mayor  may 
be  removed  from  office  by  the  governor,  and  he  himself  may 
remove  any  city  official  holding  office  by  his  appointment, 
unless  such  removal  is  otherwise  provided  for  by  the  state 
constitution.  The  mayor  has  the  legislative  power  to 
recommend  measures  to  the  board  of  aldermen,  and  has 
veto  power  over  its  acts.  To  pass  an  ordinance  over  the 
mayor's  veto  requires  a  two-thirds  vote  of  the  board  of 
aldermen  within  fifteen  days  after  receiving  notice  of  the 


66   ACTUAL  GOVERNMENT  OF  NEW  YORK 

veto,  and  action  must  be  deferred  until  after  ten  days  have 
passed.  If  the  ordinance  has  to  do  with  the  expenditure 
of  public  money,  the  creation  of  debt,  or  the  laying  of  an 
assessment,  then  a  three-fourths  vote  is  necessary  to  pass 
the  measure  over  the  mayor's  veto.  In  matters  of  granting 
a  franchise  the  mayor's  veto  is  absolute.  The  other  execu- 
tive officers  of  the  city  are  the  heads  of  the  different  depart- 
ments of  finance,  law,  police,  water  supply,  street  cleaning, 
parks,  bridges,  gas  and  electricity,  charities,  docks  and 
ferries,  fire,  correction,  education,  tenement  house,  health, 
and  taxes  and  assessments.  With  the  exception  of  the 
heads  of  the  departments  of  education  and  finance,  these 
officers  are  appointed  by  the  mayor. 

Executive  Departments.  The  department  of  finance  is 
headed  by  the  comptroller,  who  is  elected  by  the  voters 
of  the  entire  city  at  the  general  city  election.  He  is  chosen 
for  a  term  of  four  years,  and  receives  a  salary  of  $15,000 
per  year.  The  comptroller's  duties  are  similar  to  those  of 
the  chamberlain  in  other  cities.  He  has  charge  of  the 
financial  affairs  of  the  city  —  collects  the  taxes,  rents, 
interests,  and  other  moneys  due  the  city,  audits  city 
accounts,  collects  arrearages,  receives  and  pays  out  all 
moneys  due  the  city.  For  the  administration  of  these 
duties  his  department  is  divided  into  bureaus.  The  comp- 
troller also  causes  investigations  to  be  made  of  the  expen- 
ditures of  city  funds  in  the  different  departments,  and  causes 
statistics  to  be  prepared  through  a  bureau  charged  with 
these  duties.  The  mayor  appoints  the  city  chamberlain 
at  a  salary  of  $12,000  per  year,  and  this  official  also  acts 
as  treasurer  of  New  York  County. 

The  board  of  estimate  and  apportionment  is  made  up  of 
the  mayor,  comptroller,  president  of  the  board  of  aldermen, 
and  the  five  borough  presidents.     It  has  the  responsibility 


GREATER  NEW  YORK  67 

of  making  up  the  city  budget,1  or  statement  based  upon 
estimates  for  the  expenses  of  the  city  for  one  year.  Before 
the  budget  can  become  law,  it  must  be  passed  by  the  board 
of  aldermen  the  same  as  any  other  ordinance,  and  is  sub- 
ject to  the  same  action  on  the  part  of  the  mayor.  The 
board  of  estimate  and  apportionment  has  authority  by  a 
three-fourths  vote  to  grant  franchises  to  private  corpora- 
tions to  use  the  streets,  parks,  wharves,  or  other  public 
property  of  the  city,  subject  to  the  mayor's  veto.  Upon 
all  questions  before  this  board  the  mayor,  the  president  of 
the  board  of  aldermen,  and  the  comptroller  each  have 
three  votes,  the  presidents  of  the  boroughs  of  Brooklyn 
and  Manhattan  two  votes  each, and  the  remaining  borough 
presidents  one  vote  each.  Thus  it  will  be  seen  that  out 
of  the  sixteen  votes  of  the  board  the  mayor,  the  president 
of  the  board  of  aldermen,  and  the  comptroller  cast  nine, 
and  therefore  control  the  board. 

The  corporation  counsel  is  the  head  of  the  law  department. 
He  is  appointed  by  the  mayor  at  a  salary  of  $15,000  per 
year.  He  is  the  legal  adviser  of  all  city  officials,  and  has 
charge  of  all  questions  of  law  involving  the  city's  business 
in  all  of  its  various  departments. 

New  York  has  a  large  number  of  policemen,  whose  chief 
duty  is  to  prevent  as  well  as  to  aid  in  the  punishment 
of  crime.  The  police  commissioner  is  the  head  of  this  de- 
partment, and  he  also  is  chief  of  police.  He  is  appointed 
by  the  mayor  for  five  years  at  a  salary  of  $7500,  and 
may  be  removed  from  office  only  by  the  mayor  or  the 
governor  of  the  state.  He  is  charged  with  the  responsi- 
bility of  maintaining  the  peace  and  security  of  the  city. 
He  appoints  five  deputies,  a  chief  inspector,  sixteen  assist- 
ant inspectors,  and  thousands  of  policemen. 

1  The  budget  for  1914  amounted  to  nearly  $193,000,000. 


68        ACTUAL   GOVERNMENT  OF  NEW  YORK 

The  general  administration  of  affairs  in  each  of  the  five 
boroughs  is  looked  after  by  the  borough  president,  who 
is  elected  by  the  voters  of  the  entire  borough  for  a  term  of 
four  years.  His  salary  in  the  boroughs  of  Brooklyn  and  Man- 
hattan is  $7500  per  year,  and  in  the  other  three  boroughs  it 
is  $5000  per  year.  He  has  charge,  within  his  borough,  of 
the  construction  and  laying  out  of  new  streets  and  new  sur- 
face railroads,  of  the  fencing  and  filling  in  of  vacant  lots, 
the  removal  of  encumbrances,  the  construction  of  bridges, 
sewers,  tunnels,  and  public  buildings,  except  school  build- 
ings, almshouses,  fire  and  police  stations,  and  penitentiaries. 

The  mayor  appoints  seven  members  of  the  board  of 
education.  This  board  has  full  authority  in  matters  of 
education.  It  appoints  a  superintendent  of  schools,  eight 
associates,  twenty-six  district  superintendents,  and  has 
charge  of  all  school  property,  with  full  powers  and  duties 
as  in  other  cities. 

County  Government  within  the  City.  When  a  city 
includes  a  town,1  town  government  ceases.  This  is  not 
the  case  when  a  city  includes  one  or  more  counties.  In 
such  cases  there  is  a  separate  county  government  inde- 
pendent of  the  city  government.  Since  town  governments 
within  a  city  cease,  there  can  be  no  board  of  supervisors, 
and  therefore  no  county  legislature.  The  work  of  the 
board  of  supervisors  is  consequently  performed  by  the 
city  government.  But  each  city  county  elects  its  own 
sheriff,  clerk,  district  attorney,  judge,  and  other  county 
officers.  These  officers  are  chosen  as  in  other  counties, 
with  the  same  duties  (see  Chapter  VII). 

New  York's  Judicial  System.  Corresponding  to  the 
justice  court  in  a  town  we  have  two  courts  in  Greater 
New   York  —  the   municipal   court    of   the   city   of   New 

1  The  city  of  Rome  and  the  town  of  Rome  have  the  same  boundaries. 


GREATER  NEW  YORK  69 

York  and  the  city  magistrates  court.  The  municipal  court 
tries  civil  cases  at  law  involving  property  where  the  amounts 
do  not  exceed  $500.  To  facilitate  the  work  of  this  court 
the  city  is  divided  into  twenty-four  districts,  as  follows : 
Brooklyn,  seven ;  Manhattan,  nine ;  Bronx,  two ;  Rich- 
mond, two ;  and  Queens,  four.  In  each  district  in  one 
or  more  parts  this  court  holds  sessions.  Each  court  thus 
held  is  presided  over  by  a  justice  elected  for  a  term  of 
ten  years  by  the  voters  of  his  district  at  a  salary  of  $8000 
per  year,  except  in  Queens  and  Richmond,  in  which  it  is 
$7000. 

The  city  magistrates  court  tries  petty  criminal  cases. 
To  facilitate  the  work  of  this  court  the  city  is  divided 
into  thirteen  districts.  The  mayor  appoints  a  chief  mag- 
istrate, whose  salary  is  $10,000  per  year,  and  nineteen 
assistant  magistrates  for  a  term  of  ten  years  at  a  salary 
of  $7000  per  year.  The  magistrates  meet  and  pass  reg- 
ulations ;  the  chief  magistrate  determines  the  number 
of  courts  to  be  held,  the  hours  for  holding  the  courts, 
etc.,  for  the  division.  Single  magistrates  may  hold  court. 
Special  night  courts,  and  courts  for  the  trial  of  cases 
arising  under  the  laws  governing  the  relation  of  husband 
and  wife,  parent  and  child,  etc.,  are  also  held.  These 
courts  are  parts  of  the  state  system  of  courts,  and  try 
offenders  against  the  laws  of  the  state  as  well  as  violators 
of  city  ordinances. 

Corresponding  to  what  is  called  the  police  court  in 
other  cities  of  the  state  is  the  court  of  special  sessions,  con- 
sisting of  a  chief  justice,  whose  salary  is  $10,000  per 
year,  and  ten  associate  justices  appointed  by  the  mayor 
for  a  term  of  ten  years  at  a  salary  of  $9000  per  year. 
This  court  tries  cases  of  misdemeanors  committed  in 
the  city  when  the   matter  has  not  been  considered  by 


70   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  grand  jury.  The  chief  justice  designates  the  divisions 
of  the  court.  Three  justices  sitting  together  constitute 
one  of  these  divisions,  and  two  of  them  must  concur  in 
a  decision.  In  each  county  one  justice  holds  a  children's 
court. 

The  city  and  the  general  sessions  courts  take  the  place 
of  the  regular  county  court  in  New  York  County.  There 
are  ten  judges  of  the  city  court,  elected  for  a  term  of  ten 
years,  and  seven  in  the  court  of  general  sessions,  elected  for 
a  term  of  fourteen  years  by  the  voters  of  the  county.  The 
salary  of  the  former  judges  is  $12,000  per  year,  and  of  the 
latter  $17,500.  The  city  court  has  jurisdiction  over  civil 
suits  where  the  amount  in  question  does  not  exceed  $2000. 
Either  party  to  a  suit  may  appeal  to  the  appellate  division 
of  the  state  supreme  court.  The  court  of  general  sessions 
has  jurisdiction  in  all  cases  of  crime  committed  within 
the  county  of  New  York  against  the  laws  of  the  state, 
including  the  crime  of  murder.  Cases  are  brought  before 
this  court  upon  indictment  presented  by  the  grand  jury. 
Both  courts  are  courts  of  record.  In  Kings,  Richmond, 
and  Queens  counties  there  is  a  regular  county  court  and 
a  surrogate's  court,  with  powers  and  duties  similar  to  those 
of  such  courts  in  the  other  counties  of  the  state  (see  Chap- 
ter XII,  p.  130).  These  judges  are  elected  by  the  voters 
of  their  respective  counties.  There  are  two  county  judges 
in  Kings  County,  and  two  surrogates  in  New  York  County. 
The  first  and  second  judicial  departments  of  the  state 
are  included  within  the  boundaries  of  Greater  New  York. 
The  first  department  and  the  first  judicial  district  of 
the  supreme  court  of  the  state  are  included  within  the 
boundaries  of  New  York  County ;  the  second  department 
and  the  second  judicial  district  are  included  in  the  coun- 
ties of  Kings,  Queens,   and  Richmond.     This  court  and 


GREATER    NEW  YORK  71 

its  appellate  division  has  the  same  jurisdiction  over  the  city 
as  does  the  supreme  court  over  cases  arising  in  other  parts 
of  the  state  (see  Chapter  XII,  p.  131).  New  York's  system 
of  courts  includes  also  two  inferior  courts,  with  jurisdiction 
extending  over  the  entire  city,  authorized  to  try  cases  without 
the  aid  of  a  jury.  These  are  made  up  of  the  municipal 
court  and  the  court  of  special  sessions.  They  are  not  courts 
of  record.  Is  the  right  of  trial  by  jury  violated  by  these 
courts  ?    (Art.  I,  §  2,  p.  i.) 

QUESTIONS   ON   THE  TEXT 

1.  What  became  of  the  municipal  corporations  which  for- 
merly existed  in  the  territory  now  known  as  the  Greater  City 
of  New  York? 

2.  What  officers  are  elected  by  the  voters  of  the  entire  city  of 
New  York  at  the  same  time  that  the  mayor  is  chosen  ?  Mention 
the  chief  duties  of  each. 

3.  Why  is  it  well  to  choose  city  officials  at  times  other  than 
the  dates  of  federal  and  state  elections  ? 

4.  What  advantage  is  there  in  having  the  elective  city  officials 
chosen  for  double  the  length  of  term  of  aldermen  ? 

5.  In  case  of  neglect  of  duty,  by  whom  may  the  mayor  be 
removed  ? 

6.  In  what  manner  does  the  state  legislature  exercise  control 
over  the  affairs  of  the  city  of  New  York  ? 

7.  Over  what  actions  of  the  board  of  aldermen  does  the  mayor 
have  absolute  veto  ?  Over  what  actions  does  the  mayor  exercise 
the  absolute  veto  except  when  the  board  repasses  the  measure 
with  a  two-thirds  vote  ?    a  three-fourths  vote  ? 

8.  What  three  officers  actually  control  the  board  of  estimate 
and  apportionment  ?  How  are  these  officers  chosen  ?  What  is 
their  length  of  term  and  the  annual  salary  ? 


72    ACTUAL  GOVERNMENT  OF  NEW  YORK 

9.    What  are  the  duties  of  the  borough  presidents?    How  are 
they  chosen  ?    Of  what  important  boards  are  they  members  ? 

10.  Mention  the  principal  executive  departments.  How  are 
the  heads  of  these  administrative  departments  chosen  ?  How 
may  they  be  removed  ? 

11.  How  may  a  private  corporation  obtain  permission  to  use  the 
streets  for  the  laying  of  gas  mains  or  for  other  public  utilities  ?  Is 
this  method  the  same  in  New  York  as  in  other  cities  of  the  state  ? 

12.  How  is  the  city  budget  made  up  ?  Distinguish  between  the 
budget  and  the  total  tax  to  be  raised  by  property  assessment. 

13.  What  is  the  lowest  court  in  New  York  City  that  tries  civil 
suits  at  law  and  petty  criminal  cases  ? 

14.  What  court  would  have  jurisdiction  in  a  murder  trial  in 
New  York  City  ?  What  court  would  have  jurisdiction  in  a  civil 
suit  where  the  sum  involved  did  not  exceed  $2000  ? 

15.  What  courts  in  other  parts  of  the  state  would  have  jurisdic- 
tion of  the  cases  mentioned  in  question  No.  1 4  ?  (See  Chapter  XII.) 

16.  Cases  from  the  courts  mentioned  in  question  No.  14  might 
be  appealed  to  what  courts  ? 

17.  How  are  the  judges  of  the  various  city  courts  chosen? 

18.  Who  is  responsible  for  the  protection  of  the  city  of  New 
York  ?    In  what  way  are  the  duties  of  policemen  twofold  ? 

19.  Why  does  New  York  City  have  separate  children's  courts  ? 
separate  night  courts  ? 

20.  How  does  county  government  in  city  counties  differ  from 
that  in  other  counties  ? 

21.  Give  five  subjects  in  which  the  board  of  aldermen  may 
pass  ordinances. 

22.  What  is  the  meaning  of  the  term  "home  rule  for  cities"? 

23.  Should  the  size  of  a  city  exempt  it  from  state  supervision  ? 


GREATER    NEW  YORK 


73 


SUMMARY  RELATING  TO  THE  OFFICERS  OF  GREATER 
NEW  YORK 


Officers 

How  Chosen 

Term  of  Office 

Salary 

Elected  by  people  .  . 

$15,000 

Elected  by  people  .  . 

15,000 

Borough  presidents  .... 

El.  by  people  of  bor. 

5,000  to  7,500 

Secretary  to  the  mayor   . 

Appointed  by  mayor 

Pleasure  of  mayor 

6,500 

Executive    secretary    to 

Appointed  by  mayor 

Pleasure  of  mayor 

4,800 

Commissioner  of  police  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Appointed  by  mayor 

Pleasure  of  mayor 

12,000 

Corporation  counsel  .  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

15,000 

Com.  docks  and  ferries  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Com.  public  markets  .  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Com.  public  charities  .  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Com.    tenement    house 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Fire  commissioner 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Com.  water  supply,  gas, 

and  electricity 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Com.  weights  and  meas- 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Com.  plant  and  structures 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Com.    parks,    Manhattan 

and  Richmond 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Com.  parks,  Brooklyn  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Com.  parks,  Bronx  .... 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Com.  parks,  Queens  .  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Supervisor  city  record  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Pres.  municipal  civil  serv- 

Appointed  by  mayor 

Pleasure  of  mayor 

6,000 

Civil  service  commission- 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Corn,  correction    

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Pres.  board  of  taxes  and 

Appointed  by  mayor 

Pleasure  of  mayor 

8,000 

Corns,  taxes  and  assess- 

ments (6) 

Appointed  by  mayor 

Pleasure  of  mayor 

7,000 

Member  b'd  of  assessors 

Appointed  by  mayor 

Pleasure  of  mayor 

5,000 

Board  of  education  (7)    . 

Appointed  by  mayor 

Pleasure  of  mayor 

Unpaid 

Chief  medical  examiner  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Health  commissioner    .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Street-cleaning  com.   .  .  . 

Appointed  by  mayor 

Pleasure  of  mayor 

7,500 

Two  members   board  of 

assessors 

Appointed  by  mayor 
Elected  by  people .  . 

Pleasure  of  mayor 
14  years 

5,000 
17,500 

Judges  court  gen.  ses. .  . 

Elected  by  people  .  . 

10  years 

12,000 

Judges   municipal    court 

Elected  by  people  .  . 

10  years 

8,000 

Judges  court  sp.  ses.  .  .  . 

Appointed  by  mayor 

9,000 

Appointed  by  mayor 

7,000 

Elected  by  people  .  . 

2,000 

Appointed  by  board 

of  aldermen   .... 

8,000 

74    ACTUAL  GOVERNMENT  OF  NEW  YORK 

TOPICS   FOR  DISCUSSION 

Resolved :  That  it  is  for  the  best  interests  of  the  public  that 
public  utilities  —  including  sewer,  drainage,  and  water  systems, 
street  railways,  and  electric-light  and  gas  plants  —  be  owned  and 
operated  by  the  public  served ;  or  Resolved:  That  the  above  and 
like  public  utilities  will  be  better  managed,  and  the  public  better 
served,  under  private  ownership  or  control. 

Resolved :  That  the  business  affairs  of  all  cities  and  incorpo- 
rated villages  be  administered  by  five  independent  commissioners 
(safety-police  and  fire,  justice,  finance,  health,  and  public  works) 
directly  responsible  to  the  people. 

Resolved :  That  in  all  cities  and  incorporated  villages  there  shall 
be  established  juvenile  courts,  in  which  children  under  sixteen 
years  of  age  shall  have  a  hearing,  said  courts  not  to  be  courts 
of  record  (see  p.  134). 


CHAPTER  VII 
THE    COUNTY 

General  Statement.  The  state  is  divided  into  sixty- 
two  x  governmental  units,  called  counties,  for  the  adminis- 
tration of  state  law  pertaining  to  the  people  residing  within 
each  county  respectively.  County  government,  unlike 
city  government,  is  the  same  in  all  counties  not  identical 
in  boundaries  with  the  boundaries  of  a  city.  In  the  admin- 
istration of  law  the  county  government  bears  an  important 
part,  a  service  that  is  quite  distinct  from  that  performed  by 
any  other  department  of  our  state  or  local  government. 
Many  cases  of  law  are  carried  from  justice  (town)  and  city 
courts  to  the  county  court.  The  recording  of  deeds  and 
mortgages  and  the  probating  of  wills  are  services  performed 
by  county  officials.  Moreover,  the  principal  roads  and 
bridges  outside  of  large  cities  are  under  county  control,  and 
the  county  is  also  responsible  for  the  preservation  of  order. 
The  county  idea,  like  that  of  the  town,  was  brought  to  this 
country  by  our  forefathers.  It  first  appeared  in  Virginia 
and  was  widely  adopted  in  the  Southern  colonies. 

City  Counties.  City  counties  are  those  whose  bound- 
aries are  identical  with  the  boundaries  of  cities  as  set  forth 
in  city  charters.  The  Greater  City  of  New  York  contains 
five  counties  —  New  York,  Kings,  Queens,  The  Bronx, 
and  Richmond.  In  such  cases,  city  and  county  govern- 
ments coincide  in  part.     For  example,  there  is  no  county 

1  See  p.  499,  New  York  Red  Book,  1918  edition.  The  Bronx  was  the 
sixty-second  county. 

75 


76   ACTUAL  GOVERNMENT  OF  NEW  YORK 

legislature,  since  there  are  no  towns,  but  the  people  elect  a 
sheriff,  county  clerk,  and  district  attorney  as  in  other 
counties.  These  officials  have  to  do  with  the  administra- 
tion of  justice,  thereby  reducing  the  county  thus  situated 
to  a  judicial  division  of  the  state,  as  in  Greater  New  York. 

County  Government.  Otherwise  than  above  stated, 
we  find  the  county  government,  like  the  federal  and  state 
governments,  divided  into  legislative,  executive,  and  judi- 
cial branches,  which  we  will  now  consider  separately. 

County  Legislature.  The  county  legislature  is  the 
board  of  supervisors.  This  board  is  made  up  of  the 
supervisors,  one  from  each  town  elected  at  the  biennial 
town  meeting,  and  one  from  each  ward  in  those  cities 
whose  boundaries  are  less  than  those  of  a  county.  These 
supervisors  represent  their  towns  or  wards  in  the  county 
board  of  supervisors,  or  legislature,  just  as  assemblymen 
represent  their  districts  in  the  state  legislature.  At  the 
annual  meeting  the  board  chooses  one  of  its  number  as 
chairman  and  appoints  a  clerk  who  is  not  a  member  of  the 
board.  The  board  of  supervisors  is  therefore  made  up  of 
representatives  from  smaller  political  units,  and  the  govern- 
ment of  the  county  is  representative.  The  chairman  of  the 
board  appoints  standing  committees  to  facilitate  business, 
much  as  the  Speaker  in  the  House  of  Representatives  does, 
or  the  speaker  in  the  state  legislature. 

Board  of  Supervisors:  its  Duties.  The  constitution 
of  the  state  provides  that  the  legislature  may  increase  the 
powers  of  local  legislation  of  the  board  of  supervisors 
as  it  deems  expedient  (Art.  Ill,  sect.  27).  The  present 
powers  of  the  board  of  supervisors  may  be  briefly  sum- 
marized as  follows:  (1)  caring  for  county  property  — 
courthouses,  jails,  poorhouse  and  farm,  etc. ;  (2)  deter- 
mining the  county  budget  and  levying  a  tax  to  meet  the 


THE   COUNTY  77 

same,  including  the  county's  share  of  the  state  tax  and  any 
expenditures  for  town  work ;  (3)  auditing  all  bills  and 
accounts  against  the  county ;  (4)  making  appropriations 
of  money  for  various  county  purposes  and  as  above  men- 
tioned ;  (5)  fixing  salaries  of  county  officers ;  (6)  borrowing 
money  on  the  credit  of  the  county  not  to  exceed  the  limit 
set  by  law ;  (7)  dividing  the  county  into  school-supervisory 
districts  and  assembly  districts ;  (8)  making  contracts  for 
and  in  the  name  of  the  county  for  the  care  of  the  county 
poor,  etc. ;  (9)  making  regulations  relative  to  weeds,  fish, 
game,  and  animals ;  (10)  preparing  yearly  a  list  of  three 
hundred  men  to  serve  as  grand  jurors  for  a  term  of  one 
year;  (11)  appointing  a  county  superintendent  of  highways 
and  removing  him  for  failing  to  do  his  duty;  and  (12) 
canvassing  the  votes  in  the  county  after  each  general  elec- 
tion and  announcing  officially  the  results  of  the  election. 
In  this  capacity  the  board  is  known  as  the  "  county  board 
of  canvassers."  Members  of  the  board  of  supervisors  serve 
for  a  term  of  two  years  and  receive  four  dollars  per  day 
for  actual  service  as  county  officers. 

County  Executive :  Removals.  The  executive  depart- 
ment of  the  county  is  represented  by  the  sheriff,  clerk, 
treasurer,  attorney,  superintendent  of  the  poor,  superin- 
tendent of  highways,  and  superintendents  of  schools  — ■  one 
or  more  appointed  by  the  district  board  of  school  directors. 
County  officers,  except  district  superintendents  of  schools 
(see  p.  80),  may  be  removed  by  the  governor  for  cause. 

Sheriff.  The  sheriff  is  the  chief  executive  officer  of  the 
county.  It  is  his  duty  to  preserve  the  peace  of  the  county 
by  the  prevention  of  crime  and  by  the  arrest  of  criminals. 
He  has  charge  of  the  county  jail  and  the  prisoners  lodged 
there.  He  serves  court  orders.  To  suppress  riot  he  may 
call  out  all  the  able-bodied  men  of  the  county.     This  body 


78   ACTUAL  GOVERNMENT  OF  NEW  YORK 

is  called  the  posse  comitatus.  If  he  is  then  unable  to 
restore  order,  he  may  ask  the  governor  for  aid.  He  is 
responsible  for  the  enforcement  of  state  law  within  the 
county  and  of  local  regulations  passed  by  the  board  of  super- 
visors. He  assists  the  county  clerk  in  the  selection  of 
jurors,  attends  the  courts  of  record  held  in  the  county, 
preserves  order,  conducts  public  sales  of  property  ordered 
by  the  courts  to  be  sold  for  the  payment  of  debts  in  execu- 
tion of  judgments.  For  the  carrying  out  of  these  duties 
he  may  appoint  an  undersheriff  and  a  number  of  deputy 
sheriffs.  The  sheriff  is  elected  at  the  general  election  for 
a  term  of  three  years  by  direct  vote  of  the  whole  county. 
Because  of  his  great  power  the  state  constitution  forbids 
his  succeeding  himself  in  office.  In  some  counties  he  is 
paid  a  salary,  in  others  he  is  paid  partly  by  fees,  and  in 
still  others  wholly  by  fees.  The  tendency,  however,  is  to 
pay  a  salary,  and  the  fees  collected  are  turned  over  to  the 
county  treasurer.  The  executive  head  of  the  county  gov- 
ernment differs  from  the  federal  and  the  state  executive 
in  that  he  has  no  veto  power  over  the  county  legislature, 
as  the  other  two  have  over  the  federal  and  state  legis- 
latures. 

County  Clerk.  The  county  clerk  is  the  custodian  of 
the  county  records.  He  records  deeds,  mortgages,  wills, 
and  other  documents  affecting  the  title  to  real  estate, 
and  files  judgments  of  the  courts  and  other  papers  subject 
to  public  reference.  In  some  counties,  however,  there  is 
a  separate  officer,  called  a  "  registrar,"  for  recording  deeds 
and  mortgages.  The  county  clerk  is  clerk  of  the  county 
court  and  of  the  supreme  court  when  it  holds  a  term  in  his 
county  ;  he  draws  from  the  proper  lists  the  grand  and  petit 
(trial)  jurors,  when  this  duty  is  not  performed  by  a  special 
officer  called  "  commissioner  of  jurors."    He  is  elected  for 


THE   COUNTY  79 

a  term  of  three  years  and  is  paid  by  fees  in  some  counties 
and  in  others  by  a  salary.  If  paid  a  salary,  the  fees  are 
turned  over  to  the  county  treasurer.  The  tendency  is 
toward  a  definite  salary. 

County  Treasurer.  The  county  treasurer  receives  all 
moneys  collected  in  the  towns  and  wards  of  the  county 
for  state  and  county,  and  pays  out  the  county's  money  as 
directed  by  the  board  of  supervisors.  He  also  receives  the 
state  school  money  belonging  to  the  county  and  pays  over 
the  amount  belonging  to  each  town  to  the  supervisor, 
and  to  the  chamberlain  of  the  city  or  to  the  treasurer  of 
the  board  of  education  the  amount  belonging  to  each  city. 
Money  paid  into  court  is  received  by  him  and  paid  out  as 
the  court  orders.  He  issues  liquor  licenses  upon  the  pay- 
ment of  fees  fixed  by  state  law,  and  collects  the  inherit- 
ance tax.  He  is  elected  for  a  term  of  three  years,  and  is 
sometimes  paid  a  certain  percentage  of  the  moneys  which 
he  receives ;  generally,  however,  he  receives  a  salary. 

District  Attorney.  The  district  attorney  is  primarily  a 
state  officer  in  that  he  is  the  state's  attorney  in  criminal 
cases.  He  brings  criminal  offenses  to  the  attention  of  the 
grand  jury  and  prosecutes  those  accused  of  crime  in  the 
county  or  supreme  court.  He  acts  as  the  legal  adviser  of 
the  board  of  supervisors,  in  which  capacity  he  is  a  county 
officer.  He  is  elected  for  three  years  and  is  paid  a  salary 
fixed  by  the  board  of  supervisors. 

Superintendent  of  the  Poor.  It  is  the  duty  of  the 
superintendent  of  the  poor  to  look  after  the  poor  of  the 
county.  He  manages  the  poorhouse  and  farm  and  aids 
the  destitute.  He  expends  the  funds  voted  by  the  board 
of  supervisors  for  the  care  of  the  poor,  and  reports  concern- 
ing such  expenditures  to  said  board.  He  makes  an  annual 
report  to  the  state  board  of  charities  and  furnishes  the 


80   ACTUAL  GOVERNMENT  OF  NEW  YORK 

board  of  supervisors  with  a  statement  of  the  charges  against 
the  different  towns  for  the  maintenance  of  their  poor  while 
county  charges.  He  may  be  appointed  by  the  board  of 
supervisors,  but  is  usually  .elected  at  the  general  election 
for  a  term  of  three  years  at  a  salary  fixed  by  the  board. 

Superintendent  of  Highways.  The  superintendent  of 
highways  is  appointed  by  the  board  of  supervisors  for 
a  term  of  four  years.  His  salary  is  fixed  by  the  board  of 
supervisors.  For  neglect  of  duty  the  board  of  super- 
visors may  remove  him  from  office,  or  he  may  be 
removed  by  the  state  commissioners  of  highways.  The 
county  superintendent  of  highways  has  general  charge  of 
the  building  and  repairing  of  highways  and  bridges,  ap- 
proves plans  for  a  new  work,  approves  gravel  deposits 
and  stone  used  in  road  construction,  inspects  roads  and 
bridges,  causes  grades  to  be  established  for  drainage, 
reports  to  the  state  commission  annually,  etc. 

District  Superintendent  of  Schools.  In  each  town 
two  school  directors  are  chosen,  whose  duty  it  is  to  elect 
a  district  superintendent  of  schools  for  a  term  of  five  years. 
He  is  paid  a  salary  of  $1500  by  the  state  and  allowed  $300 
for  expenses.  The  supervisors  of  the  towns  forming  a 
district  may  vote  to  increase  this  salary,  in  which  case  the 
sum  voted  is  added  to  the  taxes  of  the  towns  composing 
the  district.  The  district  superintendent  is  essentially  a 
state  officer,  and  may  be  removed  by  the  commissioner  of 
education  for  failure  to  do  his  duty  (see  p.  24). 

Judicial  Branch.  The  judicial  business  of  the  county 
(except  New  York  *  County)  is  intrusted  to  the  county 
judge.  In  counties  having  a  population  of  over  40,000 
a  surrogate  is  also  chosen.  Both  officers  are  elected 
for  a  term  of  six  years  by  the  voters  of  the  county. 
1  See  chapter  on  Greater  New  York. 


THE   COUNTY  81 

They  are  paid  a  salary  which  varies  in  different  counties. 
All  ordinary  offenses  against  persons  and  property  (save 
murder)  may  be  tried  in  a  county  court.  For  their  further 
duties,  see  the  chapter  on  the  state  judiciary.  Vacancies 
in  either  court  may  be  filled  by  the  governor's  making  an 
appointment,  which  appointment  must  be  approved  by 
the  senate  if  in  session. 

Coroners.  Each  county,  as  a  rule,  elects  four  coroners, 
that  is,  officers  whose  duty  it  is  to  investigate  the  causes 
of  sudden  and  suspicious  deaths.  If  requested,  a  coroner 
must  investigate  the  cause  of  any  fire  which  seems  to 
be  of  an  incendiary  origin.  To  make  his  work  effective, 
the  coroner  may  summon  to  appear  before  him  as  a  witness 
any  person  whom  he  thinks  may  have  knowledge  of  the 
matter.  The  witness  in  a  coroner's  court  is  put  under  oath 
and  examined  as  in  any  court.  A  coroner's  investigation  is 
sometimes  referred  to  as  an  inquest.  Usually  the  coroner 
is  a  physician.     Should  you  think  this  an  advantage? 

County  Government  in  Action.  How  may  this  machin- 
ery be  set  in  motion?  Suppose  we  take  a  case  at  law. 
A  person  burns  a  barn  (commits  arson).  He  has  violated 
a  state  law.  The  man  whose  barn  is  burned  swears  out 
a  warrant  before  a  justice  of  the  peace.  The  warrant 
is  an  order  issued  by  the  justice  directing  the  sheriff  or 
a  constable  to  arrest  the  man  named  in  the  warrant  as 
committing  the  offense,  and  to  bring  him  before  his 
court.  If  the  evidence  submitted  to  the  justice  is  not 
sufficient,  he  will  dismiss  the  case ;  if  it  is,  he  will  hold 
the  prisoner  until  the  next  meeting  of  the  grand  jury.  He 
may  either  send  the  prisoner  to  jail  or  fix  bail.  Bail  is  a 
sum  of  money  to  be  paid  by  those  who  sign  the  bail  papers 
in  case  the  prisoner  fails  to  appear  when  wanted  in  court. 
In  the  meantime  the  district  attorney  carefully  looks  into 


82        ACTUAL   GOVERNMENT  OF  NEW  YORK 


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THE   COUNTY  83 

the  case,  inquires  of  all  persons  whom  he  thinks  may  know 
something  about  the  matter.  These  he  summons  before 
the  grand  jury  as  witnesses.  If  the  jury  thinks  the  evi- 
dence thus  submitted  is  sufficient,  it  will  order  the  case  to 
trial;  that  is,  it  will  find  an  "indictment."  The  case  is  then 
tried  by  the  county  judge,  the  district  attorney  represent- 
ing the  interests  of  the  people,  the  accused  having  an 
attorney  to  see  that  he  has  a  fair  and  impartial  trial.  A 
different  jury,  called  a  petit,  or  trial,  jury,  of  twelve  men 
hears  the  case,  that  is,  hears  what  is  said  by  witnesses  on 
both  sides.  The  judge  tells  the  jury  what  are  the  points  of 
law  bearing  upon  the  case,  and  the  jury  decides  whether  the 
prisoner  is  guilty  according  to  the  evidence.  If  they  think 
he  is  not  guilty,  they  so  report  to  the  court,  and  the  prisoner 
is  dismissed.  If  they  think  he  is  guilty,  the  court  then 
pronounces  sentence,  that  is,  tells  the  prisoner  how  long 
a  term  he  must  spend  in  prison,  in  the  case  of  a  crime  like 
arson,  or  what  fine  he  has  to  pay,  if  the  case  is  a  civil 
(property)  one. 

No  matter  whether  we  have  a  deed  to  record,  a  will  to 
prove,  or  a  judgment  of  the  court  to  execute,  there  is  a 
prescribed  way  that  each  and  all  must  be  done.  This  is  a 
country  of  law,  and  since  our  laws  have  been  made  by  our- 
selves through  our  representatives  for  our  own  good,  all 
should  respect  and  obey  them.  For  further  discussion  of 
law,  see  Chapter  XII,  Judicial  Department,  and  Chapter 
XXIV,  Federal  Courts. 

The  County:  its  Importance.  The  importance  of  the 
county  as  a  unit  of  local  government  is  sometimes  under- 
rated. It  is  the  county  surrogate  who  settles  the  details  of 
estates,  including  the  probate  of  wills ;  the  county  clerk 
records  deeds,  liens,  and  mortgages  upon  real  estate ;  the 
county  judge  tries  important  civil  and  criminal  cases  where 


84   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  laws  of  the  state  have  been  violated  within  the  county ; 
the  sheriff  arrests  violators  of  the  state  law  and  has  charge 
of  prisoners,  suppresses  riot,  and  keeps  order  within  the 
county ;  the  district  attorney  prosecutes  violators  of  the 
law;  the  poor  master  has  charge  of  the  county's  poor; 
counties  may  establish  tuberculosis  hospitals  for  the 
care  of  the  sick  and  county  farm-schools  for  the  care  of 
children  whose  conduct  and  surroundings  are  such  as  to 
make  it  best  for  society  to  place  them  in  such  an  institution ; 
the  county  superintendent  of  highways  cares  for  the  roads, 
and  the  county  property  is  under  the  care  of  the  board  of 
supervisors.  County  officers  in  many  instances  perform 
the  double  function  of  both  county  and  state  officers,  and 
may  be  removed  by  the  governor  for  failure  to  perform  their 
duty. 

QUESTIONS   ON   THE  TEXT 

1.  What  officer  is   charged  with  preserving  the  peace  and 
order  of  the  county? 

2.  Show  how  the  government  of  a  city  county  differs  from 
that  of  an  ordinary  county.     What  are  city  counties? 

3.  Into  how  many  counties  is  the  state  divided?     What  is 
the  purpose  of  this  division  ? 

4.  Is  the  political  division  known  as  county  original  in  this 
country?     Explain. 

5.  In  what  respects  is  county  government  similar  to  federal  and 
state  government?     Define  "indictment,"  "bail,"  "warrant." 

6.  Mention  the  officers  who  constitute  each  branch  of  the 
county  government,  giving  two  duties  of  each  official. 

7.  How  is  the  county  tax  rate  determined? 

8.  In  what  respects  does  the  county  executive  differ  from 
the  state  executive?     In  what  respects  is  it  similar? 


THE  COUNTY  85 

9.  Who  has  the  power  to  remove  county  officials  who  fail 
to  perform  their  duties?  What  are  the  duties  of  the  coroner? 
of  the  surrogate? 

10.  What  are  the  duties  of  the  district  superintendent  of 
schools?  How  is  he  chosen?  Who  has  the  power  to  remove 
him  from  office? 

11.  How  is  the  county  superintendent  of  highways  ap- 
pointed? Who  has  the  power  of  removing  him  from  office 
and  filling  vacancies?  To  what  officer  should  you  report  a 
mysterious  death? 

12.  Name  the  duties  of  the  county  board  of  canvassers. 

13.  What  steps  would  be  necessary  and  what  officer  would 
perform  the  recording  of  a  deed  or  mortgage? 

14.  State  the  difference  between  the  duties  of  grand  and 
petit  jurors.  Give  the  number  in  each.  Why  is  the  "grand" 
jury  so  called? 

15.  What  county  officer  is  denied  by  the  state  constitution 
the  privilege  of  succeeding  himself  ? 

16.  When  is  the  district  attorney  a  state  officer  ?  When  is 
he  a  county  officer? 

17.  What  is  meant  by  the  judge's  charge  to  the  jury  ?  by 
verdict? 


PART   II.     GOVERNMENT   OF   THE   STATE 
CHAPTER  VIII 

THE   CONSTITUTION   IN   DEVELOPMENT 

Our  Birthright.  The  boys  and  girls  of  the  Empire 
State  may  justly  be  proud  of  their  birthright.  In  all  the 
country's  history  New  York  State  has  borne  an  important 
part.  In  the  War  for  Independence  it  fell  to  the  lot  of  this 
state  to  have  the  pivotal  battle  fought  upon  its  soil.  Creasy 
says  that  the  battle  of  Saratoga  was  one  of  the  fifteen 
battles  that  have  changed  the  destiny  of  the  world.  In 
this  war  New  York  State  furnished  43,645  l  men,  standing 
second  only  to  Massachusetts  in  the  number  furnished; 
and  during  the  Civil  War  it  sent,  for  the  defense  of  the 
Union,  448,850  men,  a  far  larger  number  than  was  furnished 
by  any  other  state  —  an  immense  army  in  itself.  At 
Gettysburg,  the  pivotal  battle  of  the  Civil  War,  "  more 
than  one  fourth  of  the  Union  army  marched  there  under 
the  flag  of  the  state  of  New  York  ;  more  than  one  fourth 
of  those  who  fell  there  followed  those  colors  to  their 
graves  "  2  —  a  record  which  removes  from  the  field  of 
debate  the  claims  that  in  the  hearts  of  the  people  of  the 
state  patriotism,  love  of  country,  and  an  unselfish  desire  to 
serve  it  even  unto  death  are  the  duty  of  the  citizen  and  the 
mainspring  of  all  good  government.     Not  only  historically, 

1  Roberts,  J.  A.,  New  York  in  the  Revolution,  pp.  7-15. 

2  New  York  at  Gettysburg,  Vol.  I,  p.  7.     Albany,  1902. 


Maps  op  New  York  State,  showing  (above)  the  Fifty-one  State 
Senatorial  Districts  and  (below)   the   Number  op  Assembly- 
men (150)  to  which  Each  County  is  entitled 
87 


88   ACTUAL  GOVERNMENT  OF  NEW  YORK 

however,  is  New  York  State  great.  Its  vast  wealth,  great 
natural  resources,  diversified  industries,  and  dense  popula- 
tion (9,773,817  in  1915)  make  it  unquestionably  the  most 
important  state  in  the  Union.  In  point  of  population  it 
outranks  The  Netherlands,  European  Turkey,  Portugal, 
Sweden,  Belgium,  Switzerland,  Denmark,  Canada,  and  a 
majority  of  the  South  American  republics.  In  1913  it 
expended  upon  public  education  the  enormous  sum  of 
$63,185,124.10.  New  York  City  is  the  financial,  com- 
mercial, literary,  and  art  center,  and  is  the  largest  city, 
not  only  of  the  western  hemisphere,  but  of  the  world  as 
well. 

Before  the  White  Man  Came.  When,  in  1524,  Ver- 
razano  explored  what  is  now  known  as  New  York  Bay,  he 
found  the  islands  of  the  bay  and  the  shores  of  the  mainland 
occupied  by  the  Algonquin  Indians.  In  1609,  when  Henry 
Hudson  sailed  up  the  river  which  now  bears  his  name,  he 
found  its  shores  also  possessed  by  the  Algonquins.  The 
rest  of  the  territory  now  known  as  New  York  State  was 
possessed  by  the  tribes  of  the  Iroquois  League,  or  Five 
Nations.  These  powerful  Indian  tribes,  banded  together 
in  two  organizations,  figure  largely  in  the  history  of  the 
state.  Of  the  two,  the  Iroquois  are  of  more  importance 
than  the  Algonquins.  The  Iroquois,  or  Five  Nations,  in- 
cluded the  Mohawks,  Oneidas,  Onondagas,  Cayugas,  and 
Senecas,  and  were  located  about  the  waters  which  now 
bear  their  names.  From  this  region,  fertile  in  soil,  abound- 
ing in  game,  with  facilities  for  rapid  transportation  by 
means  of  natural  waterways,  they  were  enabled,  with  only 
comparatively  short  carries,  to  send  their  war  parties  down 
the  Ohio  to  the  Mississippi,  down  the  Susquehanna  and 
Delaware  rivers  to  the  bays,  into  the  Great  Lakes,  through 
the  Mohawk  River  into  the  Hudson  to  lakes  George  and 


THE   CONSTITUTION  IN  DEVELOPMENT        89 

Champlain,  —  in  short,  this  powerful  league,  some  17,000 
strong,  was  able  to  sweep  the  country  with  its  war  parties 
north  and  south,  east  of  the  Mississippi.  Thus  New  York 
State  was  the  empire  part  of  the  New  World  long  before 
white  men  visited  its  shores. 

New  York  a  Dutch  Colony.  Henry  Hudson,  an  Eng- 
lish navigator,  had  been  employed  by  the  Dutch  East 
India  Company  to  find  a  short  route  to  the  rich  trading 
fields  of  Asia.  In  the  spring  of  1609,  Hudson,  with  a  small 
crew,  in  the  ship  called  the  Half  Moon,  sailed  north  of 
Norway  and  Sweden,  but  was  soon  stopped  by  the  ice. 
Turning  westward,  he  finally  reached  the  coast  of  Maine 
and  continued  south  as  far  as  Chesapeake  Bay ;  then, 
returning  northward,  he  entered  New  York  Bay  and  sailed 
up  the  Hudson  River,  hoping  that  he  had  found  the  desired 
passage  to  Asia.  Finding  himself  unable  to  proceed  more 
than  a  short  distance  above  the  present  site  of  Albany, 
however,  he  returned,  disappointed  in  his  main  quest,  and 
sailed  for  home  to  report  to  his  employers.  Encouraged  by 
Hudson's  report,  a  company  of  Dutch  merchants  planned 
several  trading  expeditions.  In  1614  the  New  Netherlands 
Company  was  formed l  and  was  granted  a  charter  which 
gave  it  commercial  control  of  that  region  of  country  lying' 
"  between  New  France  and  Virginia."  The  New  Nether- 
lands Company  grew  into  the  Dutch  West  India  Company. 

Dutch  West  India  Company.  This  company,  besides 
exclusive  trading  rights,  was  given  power  to  plant  and 
govern  colonies.  Through  their  agent,  known  as  director- 
general,  the  company  exercised  almost  absolute  control 
over  the  affairs  of  the  settlers.  When  Peter  Minuit  came 
over  as  governor  in  1626,  a  council  of  five  was  created 
to  advise  with  and  assist  him.     Governor  Kieft,  however, 

1  Wilson,  A  History  of  the  American  People,  Vol.  I,  p.  73. 


9o   ACTUAL  GOVERNMENT  OF  NEW  YORK 

with  the  knowledge  that  he  alone  was  held  responsible  for 
the  government  of  the  province,  reduced  the  number  of 
the  council  to  two,  one  other  person  and  himself ;  and  as 
he  had  two  votes  to  the  other  member's  one,  he  was  prac- 
tically an  autocrat.  The  other  officers  of  importance 
were  the  koopman,  or  commissary  and  secretary,  and  the 
schout,  or  sheriff  and  customs  collector.  The  government 
was  scarcely  established,  however,  before  the  people  began 
to  demand  a  share  in  its  operations.  Kieft  was  forced  to 
make  some  concessions,  and  promised  greater  privileges, 
but  this  promise  was  not  fulfilled  until  the  arrival  of  Stuy- 
vesant.  In  1647  Stuyvesant  yielded  to  the  demand  for 
popular  representation  in  so  far  as  to  order  an  election  by 
the  people  of  eighteen  of  their  own  number,  from  whom 
he  was  to  choose  nine  as  advisers.  Since,  however,  this 
body  met  only  when  called  upon,  it  was  but  a  very  slight 
beginning  toward  constitutional  government.  The  gov- 
ernment of  the  colony  under  all  of  its  six  directors-general, 
or  governors,  was  rude  and  harsh,  in  spite  of  the  fact  that 
the  settlers,  coming  largely  from  Holland,  itself  a  republic, 
had  liberal  notions  of  political  and  religious  liberty.  These 
notions  found  expression  in  concessions  wrung  from  the 
governors,  in  the  establishment  of  churches,  and  in  the 
maintenance  of  schools.  As  early  as  1633  New  Amsterdam 
had  a  school-teacher,1  and  in  1638  a  school  tax  was  levied. 
New  York  an  English  Colony.  England  based  her 
claim  to  New  Netherlands  mainly  upon  the  explorations  of 
the  Cabots.  In  1664  Charles  II  of  England  conveyed  to 
his  brother  James,  the  Duke  of  York,  a  tract  of  land  which 
included  New  Netherlands.  The  same  year  an  English 
fleet  entered  New  York  Bay,  and  Dutch  rule  in  the  colony 

1  Adam  Roelandson,  the  first  school-teacher,  came  to  New  Netherlands 
in  1633.     See  Dexter,  History  of  Education  in  United  States,  p.  12. 


THE   CONSTITUTION  IN  DEVELOPMENT        91 

was  practically  at  an  end.  From  1664  to  1776  New  Nether- 
lands, now  named  New  York  in  honor  of  James,  Duke  of 
York,  remained  an  English  province,  except  for  the  brief 
period  of  about  fifteen  months  (1 673-1 674),  when  it  was 
again  under  Dutch  rule,  but  was  conveyed  back  to  Eng- 
land by  treaty  at  the  close  of  the  war  with  Holland. 
Though  the  temporary  change  of  masters  in  1664,  which 
was  made  permanent  by  treaty  in  1674,  made  the  govern- 
ment of  the  province  no  less  autocratic  in  form,  it  brought 
about  a  very  real  change  in  practice.  "  The  despotism  of 
Kieft  and  Stuyvesant  was  continued,  only  now,  instead 
of  the  iron  clutch,  it  was  the  stroke  of  velvet."  When  the 
government  was  formally  organized,  in  1674,  Edmund 
Andros  came  out  as  governor  and  was  assisted  by  a  council 
of  ten.  The  latter  body  was  not  chosen  by  the  colonists, 
but  the  appeal  for  popular  representation  was  too  strong 
to  be  resisted,  and  in  1683  Governor  Dongan,  who  had 
just  succeeded  Andros,  called  together  the  first  popular 
assembly  in  the  colony  under  English  rule. 

The  Charter  of  Liberties.  This  body,  made  up  of  the 
governor,  his  council  of  ten,  and  eighteen  delegates  rep- 
resenting the  people,  met  in  October,  1683,  and  adopted, 
among  other  important  legislative  measures,  a  "  charter  of 
liberties,"  which  was  confirmed  by  the  Duke  of  York. 
This  charter  made  many  important  concessions,  providing, 
among  other  things,  for  the  meeting  of  a  popular  assembly, 
and  granting  to  the  representatives  of  the  people  the  right 
to  lay  their  own  taxes.  This  liberality  soon  suffered  a 
check,  however,  and  in  "1687, *  after  the  accession  of  the 
Duke  of  York  to  the  throne  as  James  II,  the  assembly 
was  dissolved,  not  to  be  reestablished  until  after  the  ac- 
cession of  William  and  Mary.  In  1691  Governor  Slough ter 
1  Roberts,  E.  H.,  Vol.  I,  p.  193. 


92   ACTUAL  GOVERNMENT  OF  NEW  YORK 

was  sent  out  to  take  charge  of  the  government  of  the 
colony.  The  assembly  was  reestablished  and  promptly 
passed  acts  declaring  the  rights  and  privileges  of  the  people 
and  reaffirming  the  charter  of  liberties.  These  acts  marked 
the  beginning  of  a  struggle  between  the  assembly  and  the 
colonial  governors  that  ended  only  with  the  outbreak  of 
the  Revolution.  On  the  opening  of  hostilities  New  York 
promptly  joined  the  patriot  cause,  and  on  July  9,  1776,  the 
provincial  congress  formally  took  the  name  of  Representa- 
tives of  the  State  of  New  York. 

Our  Four  Constitutions.  New  York  State  has  had  four 
constitutions.  It  had  existed  as  a  state  for  nearly  a 
year  (from  July,  1776,  to  April,  1777)  before  its  first  con- 
stitution was  adopted  by  the  state  assembly.  This  first 
constitution  (the  first  draft  of  which  is  now  in  the  custody 
of  the  commissioner  of  education  at  Albany),  like  most 
of  the  early  state  constitutions,  was  modeled  somewhat 
closely  upon  that  of  England.  The  government  consisted 
of  a  chief  executive,  of  a  legislature  made  up  of  two  cham- 
bers, and  of  a  system  of  courts.  The  constitution  declared 
the  people  to  be  the  only  source  of  political  power,  and 
provided  for  a  secret  ballot  and  for  complete  religious 
liberty.  In  18  21  this  constitution  was  thoroughly  revised 
and  new  provisions  were  made  for  new  conditions.  In 
1846  it  was  again  revised  and  somewhat  radical  changes 
were  made.  Among  other  things  it  was  provided  that 
many  officers  heretofore  chosen  by  the  legislature  or 
appointed  by  the  governor  should  be  elected  by  the  people. 
In  1866  a  convention  was  called  to  revise  the  constitution 
of  1846,  but  the  people  rejected  the  work  of  the  conven- 
tion, with  the  exception  of  the  judiciary  article.1  The 
constitution    of    1846    remained    thus    almost    unchanged 

1  Roberts,  E.  H.,  Vol.  II,  p.  569. 


THE   CONSTITUTION  IN  DEVELOPMENT        93 

until  1894,  when  a  new  revision,  our  present  constitution, 
was  made  (see  Appendix).  In  all  these  constitutions  the 
main  provisions  have  been  substantially  the  same.  The 
tendency,  however,  has  been  for  the  people  to  retain  more 
power,  delegating  less  and  less  to  the  governor  and  the 
legislature. 

Fundamental  Law.  The  constitution  of  the  state  is 
its  fundamental  law,  which  of  course  cannot  in  any  way 
conflict  with  the  constitution,  treaties,  or  laws  of  the 
United  States  (p.  1).  Like  the  federal  constitution,  the 
state  constitution  guarantees  personal  liberty,  personal 
security,  personal  property.  It  also  determines  the  right 
of  suffrage  and  the  time  and  manner  of  voting ;  it  creates 
legislative  bodies  and  defines  their  duties  and  limitations ; 
it  creates  executive  and  judicial  offices,  defines  their  duties, 
and  limits  their  action ;  it  safeguards  state  and  local  credit, 
cares  for  public  property  and  institutions,  provides  for 
free  schools,  divides  the  state  into  various  districts  for 
administrative  purposes,  and  provides  for  its  own  amend- 
ment. The  constitution  is  established  by  the  people  of 
the  state  as  a  chart  to  guide  them  in  the  administration 
of  matters  pertaining  to  the  general  welfare  of  the  people 
of  the  state.  It  is  drafted  by  representatives  chosen  by 
the  people  at  the  ballot.  These  representatives  meet  in 
convention  and  draw  up  the  constitution.  The  various 
provisions  are  debated,  amended,  and  passed  in  the  con- 
vention, and  finally  printed  and  submitted  to  the  people, 
who  approve  or  disapprove  at  the  ballot  of  the  work  of 
their  representatives  (the  referendum). 

Amendment  and  Revision.  An  amendment  to  the 
constitution  may  be  proposed  in  the  senate  and  assembly, 
and,  if  passed  by  two  successive  legislatures,  must  be  sub- 
mitted to  the  people  for  ratification  (the  referendum).     If 


94   ACTUAL  GOVERNMENT  OF  NEW  YORK 

it  receives  a  majority  vote,  the  amendment  becomes  a  part 
of  the  constitution  on  the  first  day  of  January  next  follow- 
ing election.  At  the  general  election  in  1916,  and  every 
twenty  years  thereafter,  and  at  such  other  times  as  the 
legislature  may  by  law  direct,  the  question,  "  Shall  there 
be  a  convention  to  revise  the  constitution  and  amend  the 
same?  "  is  to  be  decided  by  the  voters  of  the  state. 

QUESTIONS   ON   THE   TEXT 

1.  Describe  the  government  of  the  colony  of  New  York  in 
the  period  just  before  the  Revolution.  What  important  changes 
were  made  after  separation  from  the  mother  country? 

2.  State  two  important  particulars  in  which  the  constitution 
adopted  in  1894  differs  from  the  constitution  that  preceded  it. 

3.  Mention  two  important  amendments  to  the  constitu- 
tion passed  by  the  constitutional  convention  of  1894.  Discuss 
the  importance  of  these  measures. 

4.  How  may  the  constitution  of  New  York  be  amended? 
What  are  the  provisions  of  the  constitution  for  its  revision? 

5.  Mention  the  chief  points  of  difference  between  the  con- 
stitution of  the  United  States  and  that  of  the  state  as  to  the 
manner  of  amendment. 

6.  Explain  why  the  amendment  of  the  constitution  is  made 
more  difficult  than  the  repeal  of  a  statute  law. 

7.  Describe  the  process  by  which  the  last  revision  of  the  con- 
stitution was  made.  By  what  authority  was  this  revision 
finally  established? 

8.  Should  an  "initiative  and  referendum"  clause  be  added 
to  the  constitution  in  the  next  revision?     Why? 

9.  If  such  a  clause  is  added,  should  it  apply  to  all  bodies 
having  legislative  powers  (for  example,  boards  of  supervisors, 
common  councils,  etc.) ,  as  well  as  to  the  state  legislature  ?     Why  ? 

10.    Mention  three  provisions  of  the  state  constitution.     To 
what  law  must  all  state  action  conform  ? 


CHAPTER   IX 

POWERS   AND    LIMITATIONS    OF   THE    STATE 

State  Activities.  The  regulation  of  the  details  of  our 
daily  life  is  largely  a  matter  for  the  state  government. 
This  state  regulation  can  best  be  seen  in  a  brief  survey 
of  the  various  fields  in  which  the  state  exercises  basal 
authority.  The  state  is  divided  up  into  over  ten  thousand 
school  districts,  organized  under  the  state  law  to  perform 
a  specific  duty  (p.  7) ;  into  nearly  one  thousand  larger 
divisions,  called  towns,  each  charged  with  larger  responsi- 
bilities (p.  14) ;  into  still  larger  divisions,  called  counties, 
sixty-two  in  number,  with  responsibilities  greater  than  those 
of  the  school  district  or  the  town  (p.  75) ;  with  special  duties 
assigned  to  the  village  and  city  governments  which  it 
has  created,  etc.  In  all  these  units  of  government  the 
state  determines  the  number,  kind,  and  qualifications  of 
the  officers,  and  decides  whether  they  shall  be  elected  or  ap- 
pointed and  the  appointing  power,  who  may  vote  for  the 
elective  officers,  when  and  how  the  vote  shall  be  taken, 
who  may  vote  upon  questions  involving  the  expenditure 
of  village  and  city  funds,  reserving  to  itself  the  right  of 
removing  from  office  many  of  these  same  officers.  In 
addition  to  being  primarily  responsible  for  the  above, 
the  state  reserves  to  itself  a  wider  field  and  enacts  laws 
safeguarding  personal  and  property  rights,  regulates  the 
transfer  of  inheritances,  creates  and  controls  all  corpora- 
tions operating  wholly  within  the  state,  exercises  control 

95 


g6        ACTUAL  GOVERNMENT  OF  NEW  YORK 

over  state  and  savings  banks,  trust  and  insurance  companies, 
savings  and  loan  associations,  and  common  carriers  wholly 
within  the  state,  supervises  the  general  health  and  education, 
provides  for  defective,  dependent,  and  delinquent  classes, 
and  authorizes  the  levying  of  taxes  to  be  used  in  making 
the  above  effective. 

Federal  and  State  Bills  of  Rights  Compared.  We  have 
glanced  briefly  at  the  history  of  our  constitution ;  let 
us  now  examine  somewhat  more  fully  the  character  of 
the  government  provided  by  it.  In  the  federal  constitu- 
tion the  Bill  of  Rights  was  an  afterthought,  added  by  way 
of  amendment  at  the  demand  of  several  of  the  states.  In 
the  New  York  state  constitution,  as  in  most  of  the  state 
constitutions,  it  stands  first,  as  a  matter  of  primary  im- 
portance. The  Bill  of  Rights  of  the  New  York  state  con- 
stitution, like  that  of  the  federal  constitution,  seeks  to 
secure  to  the  individual  the  fundamental  civil  rights  of 
personal  liberty,  personal  security,  and  private  property ; 
but  it  goes  further  and  provides  in  much  greater  detail 
the  methods  by  which  these  rights  are  to  be  secured. 

Personal  Liberty.  The  provisions  which  secure  liberty 
of  person  and  of  thought  are  similar  to  those  of  the 
United  States  constitution.  Every  citizen  is  privileged 
to  express  his  sentiments  freely  and,  in  case  he  is  prose- 
cuted for  libel,  will  be  acquitted  if  he  can  prove  that  the 
facts  are  as  he  stated  and  were  published  "  with  good 
motives  and  for  justifiable  ends."  Full  liberty  of  con- 
science is  accorded  to  every  one,  although  this  liberty  is 
not  to  be  made  a  cloak  for  practices  inconsistent  with  the 
peace  and  welfare  of  the  state.  It  is  expressly  provided 
that  no  person  on  the  witness  stand  shall  be  declared 
incompetent  to  testify  because  of  any  peculiar  ideas  he 
may  entertain  on  religious  subjects.     The  citizens  of  the 


POWERS  AND  LIMITATIONS  OF  THE   STATE      97 

state  may  also  assemble  peaceably,  and,  if  they  choose, 
petition  the  government  without  fear  of  interference  from 
the  authorities. 

Personal  Security,  or  the  right  to  be  secure  in  person 
and  in  reputation,  is  the  subject  of  many  important  pro- 
visions. In  case  of  arrest  for  any  cause,  the  accused  may 
claim  the  privilege  of  a  writ  of  habeas  corpus.  Excessive 
bail  and  excessive  fines  are  forbidden.  With  a  few  excep- 
tions, a  person  accused  of  serious  crime  can  be  held  for 
trial  only  on  indictment  by  a  grand  jury.  He  is,  more- 
over, entitled  to  trial  by  a  jury  of  his  peers  (equals),  and 
may  have  counsel  for  his  defense.  In  case  he  "is  not  able 
to  pay  counsel,  it  must  be  provided  for  him.  He  cannot 
be  compelled  to  witness  against  himself,  and  may  confront 
the  witnesses  brought  against  him.  Witnesses,  however, 
may  not  be  unreasonably  detained.  If  acquitted,  he  can- 
not be  retried  for  the  same  offense ;  if  found  guilty,  he 
cannot  be  fined  excessively  or  be  punished  in  a  cruel  or 
unusual  manner.  In  short,  no  arbitrary  proceedings  may 
be  employed  to  deprive  a  person  of  his  life,  liberty,  or 
property,  or  any  privilege  he  may  enjoy  as  a  citizen.  The 
marriage  relation  is  partially  protected  by  a  restriction 
on  granting  divorces.  No  divorce  can  be  granted  without 
the  parties  concerned  bringing  the  matter  before  the  court 
having  jurisdiction ;  in  other  words,  a  divorce  can  be 
granted  only  by  a  formal  judicial  proceeding.  Finally,  in 
cases  of  injuries  resulting  in  death,  the  right  to  recover 
damages  is  never  to  be  abrogated,  and  the  amount  recov- 
erable is  not  to  be  restricted  by  law. 

Private  Property.  The  rights  of  the  state  over  private 
property  are  limited.  If  the  state  exercises  the  right  of 
eminent  domain  and  takes  private  property  for  public 
use,  the  owner  must  be  compensated.     In  cases  where  such 


98   ACTUAL  GOVERNMENT  OF  NEW  YORK 

compensation  is  not  to  be  made  by  the  state,  a  jury  of  not 
less  than  three  men  appointed  by  a  court  of  record  must 
determine  the  amount  of  money  to  be  paid  for  the  prop- 
erty taken.  Some  of  the  provisions  of  the  constitution 
dealing  with  property  in  lands  grew  out  of  conditions 
existing  during  colonial  times.  While  the  colony  was  still 
Dutch,  a  system  of  feudal  tenures  had  been  established 
under  the  patroons,  as  the  great  landholders  were  called. 
By  the  constitution  all  such  feudal  tenures  are  abolished ; 
and  in  order  to  prevent  the  development  of  a  landholding 
aristocracy,  which  might  work  mischief  similar  to  that 
wrought  by  the  patroons,  another  provision  forbids  the 
leasing  of  agricultural  lands,  with  the  reservation  of  any 
rent  or  service,  for  a  longer  period  than  twelve  years.  The 
interference  of  one  landholder  with  another  in  the  matter 
of  constructing  roads  and  ditches  is  the  subject  of  two 
important  restrictions.  In  case  a  private  road  is  desired, 
the  law  provides  for  the  precise  manner  in  which  it  shall 
be  opened.  The  need  for  the  road,  as  well  as  the  amount 
of  damage  due  the  party  whose  land  is  involved,  must 
be  determined  by  a  jury.  The  party  benefited  must,  of 
course,  pay  any  expense  involved,  as  well  as  compensate 
his  neighbor.  Laws  of  a  general  character  only  are  to  be 
made  in  providing  for  draining  lands  by  ditches.  In 
either  case  no  special  law  may  be  passed  to  suit  the  con- 
venience of  any  single  individual  or  group  of  individuals. 
The  state  recognizes  the  harmfulness  of  gambling,  and 
has  sought  to  curtail  this  waste  of  money  and  energy  by 
forbidding  lotteries  or  the  sale  of  lottery  tickets,  pool- 
selling,  bookmaking,  or  any  other  form  of  gambling. 

State  Debts.  In  addition  to  the  restrictions  in  the  fore- 
going paragraphs  the  constitution  places  other  restric- 
tions, designed  as  checks,  upon  a  possible  abuse  of  power 


POWERS  AND   LIMITATIONS   OF  THE   STATE      99 

by  those  in  authority.  These  especially  concern  financial 
matters.  In  some  of  the  states  the  recklessness  and  im- 
providence of  state  legislatures  and  administrators  have 
created  debts  that  have  crippled  the  state  and  its  citizens 
for  many  years.  Against  such  dangers  this  state  has  sought 
to  guard  itself  by  a  series  of  constitutional  provisions  declar- 
ing what  may  and  what  may  not  be  done  in  the  matter 
of  creating  debts.  The  state  may,  of  course,  contract 
debts.  Contingencies  may  arise,  such  as  war  or  invasion, 
necessitating  unforeseen  expenditures  and  making  debt 
inevitable.  The  constitution  carefully  specifies,  however, 
the  conditions  under  which  debts  may  be  created.  The 
state  may  contract  debt  (1)  to  meet  casual  deficits  or 
failures  in  the  revenues  and  (2)  to  meet  expenses  not  pro- 
vided for,  but  such  debts  must  never  exceed  $1,000,000 
in  amount.  It  may  also  contract  debts  for  the  purpose  of 
repelling  invasion,  suppressing  insurrection,  or  defending 
itself  in  war.  If  the  state  contracts  a  debt  for  any  other 
purpose,  it  must  carefully  observe  the  following  regula- 
tions: (1)  the  debt  is  not  to  be  contracted  unless  it  be 
authorized  by*iaw  for  some  single  work  or  object  specified 
therein ;  (2)  the  state  must  provide  at  once  for  its  payment 
by  a  law  laying  a  direct  annual  tax  sufficient  to  pay  the 
interest  as  it  falls  due  and  to  cancel  the  entire  obligation 
within  fifty  years ;  (3)  the  vote  on  such  a  measure  in 
the  legislature  must  be  taken  by  ayes  and  noes  and  be 
duly  recorded  on  the  journal ;  and  (4)  the  measure  must 
be  submitted  to  the  people  for  action  before  it  can  become 
a  law  and  must  receive  a  majority  vote  at  the  polls  (a  case 
of  referendum) .  Three  months  must  elapse  after  the  pas- 
sage of  the  bill  before  it  is  submitted  to  the  people,  and 
no  other  bill  or  amendment  to  the  constitution  may  be 
submitted  at  the  same  time. 


ioo  ACTUAL  GOVERNMENT  OF  NEW  YORK 

State  Credit.  In  order  to  prevent  public  money  from 
being  used  to  "  sanction  a  vast  mass  of  private  enter- 
prises in  which  public  rights  and  public  interests  become 
the  sport  of  speculators,"  the  state  is  forbidden  by  the 
constitution  to -loan  its  credit  to  any  private  undertaking. 
The  state,  like  the  individual,  refuses  to  allow  any  claims 
against  it  which  have  become  outlawed,  by  lapse  of  time. 

Forests  and  Canals.  Besides  these  provisions  which 
have  to  do  with  its  finances,  the  state  is  also  debarred 
from  making  any  disposition  of  its  forests  and  canals. 
The  preservation  of  the  water  supply  is  of  such  importance 
that  forest  lands  owned  by  the  state  or  hereafter  to  be 
acquired  as  part  of  the  forest  preserve  must  be  maintained 
as  wild  forest  lands.  They  may  not  be  leased,  sold,  or 
exchanged,  nor  be  taken  by  any  corporation,  public  or 
private ;  nor  can  the  timber  growing  there  be  sold,  re- 
moved, or  destroyed.  In  like  manner,  the  state  cannot 
sell,  lease,  or  otherwise  dispose  of  the  Erie,  Oswego,  Cham- 
plain,  Cayuga,  Seneca,  or  Black  River  canals ;  nor  can  it 
enforce  any  tolls  on  the  persons  or  property  which  may 
be  transported  on  them.  • 

State  Protection.  The  protection  of  the  state  against 
invasion  and  domestic  violence  is  secured  by  making 
every  male  citizen  between  the  ages  of  eighteen  and  forty- 
five  years  residing  in  the  state  liable  to  military  duty  unless 
exempted  by  United  States  law  or  by  the  laws  of  the  state. 
This  body  constitutes  the  militia.  Members  of  local  fire 
departments ;  local  officers  such  as  justices  of  the  peace, 
county  judges,  and  sheriffs ;  professional  men  such  as  doc- 
tors, ministers,  teachers,  and  a  few  others  —  are  among 
those  exempted  by  law  from  military  duty.  Those  men- 
tally or  physically  incapacitated  are  also  exempted.  This 
force  has  been  partially  organized  by  the  legislature.     The 


POWERS   AND    LIMITATIONS    OF  THE   STATE     101 

organized  land  force  is  called  the  national  guard ;  the  naval 
force,  the  naval  militia.  The  state  must,  according  to  the 
constitution  (Art.  XI,  §  3,  p.  xlv),  provide  for  a  force  of 
"  not  less  than  10,000  enlisted  men,  fully  uniformed,  armed, 
equipped,  disciplined,  and  ready  for  active  service."  The 
legislature  has  by  law  increased  this  number  to  20,000,  of 
whom  2000  are  naval  militia.  The  governor  is  commander 
in  chief  of  this  force.  It  is  his  duty  to  "  appoint  the  chiefs  of 
the  several  staff  departments,  his  aides-de-camp,  and  military 
secretary,"  the  officers  commanding  the  naval  militia,  the 
officers  of  the  signal  corps,  and,  with  the  advice  and  consent 
of  the  senate,  all  major-generals.  The  legislature  has  pro- 
vided by  law  for  the  appointment  of  the  remaining  officers. 
The  national  guard  is  commanded  by  a  major-general ;  the 
naval  militia,  by  a  commodore  or  a  captain.  The  organiza- 
tion of  the  national  guard  is  left  partly  to  the  governor. 
The  law,  however,  provides  that  a  regiment  shall  consist  of 
eight  to  twelve  companies,  troops,  or  batteries.  All  enlisted 
men  must  serve  at  least  five  years.  While  on  duty  they 
receive  a  compensation  which  varies  from  $1.25  to  $2.00 
a  day.     The  officers  are  also  paid  by  the  day. 

State  Mounted  Police.  The  legislature  of  19 17  authorized 
a  department  of  mounted  police  consisting  of  four  troops  of 
fifty-eight  men  each  and  a  headquarters  force  of  five.  The 
organization  is  known  as  The  New  York  State  Troopers. 
Barracks  have  been  located  near  Albany,  Batavia,  Syracuse, 
and  White  Plains,  with  many  sub  stations  scattered  over  the 
state.  A  state  police  officer  may  pursue  a  criminal,  operate 
upon  a  case,  make  an  arrest,  and  exercise  the  full  authority  of 
a  state  peace  officer  in  any  city,  any  borough,  any  village,  or 
any  section  whatever  of  the  state.  The  state  police  cooperate 
with  the  departments  of  health,  excise,  and  education  ;  with 
the  secretary  of  state  ;  with  sheriffs,  district  attorneys,  and 


102      ACTUAL   GOVERNMENT   OF   NEW  YORK 

societies  for  the  prevention  of  cruelty  to  children  and  animals ; 
and  with  automobile  clubs  and  other  similar  organizations. 
State  police  made  their  first  appearance  at  the  state  fair  in 
September,  191 7.  By  January  1,  19 18,  they  had  made  over 
six  hundred  arrests,  with  ninety-five  per  cent  resulting  con- 
victions. Their  presence  upon  state  highways,  at  fairs,  in 
cities,  and  their  patrol  of  the  country  generally,  have  done 
much  to  make  life  and  property  secure.  To  get  in  touch 
with  the  state  police,  call  "  Central  "  on  your  telephone  and 
you  will  be  put  in  communication  with  their  headquarters 
in  your  district. 

Corporations,  Banks,  etc.  The  state  exercises  definite  con- 
trol over  corporations  for  the  general  benefit  of  the  individual 
citizen.  The  term  "corporation"  is  defined  by  the  consti- 
tution as  including  all  associations  and  joint-stock  companies 
having  any  of  the  powers  or  privileges  of  corporations  not 
possessed  by  individuals  or  partnerships.  All  corporations 
except  municipal  corporations  are  formed  in  accordance  with 
general  laws,  except  where,  in  the  judgment  of  the  legis- 
lature, the  objects  cannot  be  attained  under  general  laws 
and  are  subject  to  a  special  tax  for  the  support  of  the  state. 
Municipal  corporations  are  formed  by  special  act  of  the 
legislature.  The  control  over  banks  is  especially  stringent. 
Banks  that  issue  paper  money  must  register  their  notes 
and  bills  and  provide  ample  security  for  their  redemption 
in  specie.  The  legislature  is  forbidden  to  enact  any  law 
authorizing  these  banks  to  suspend  specie  payment.  If  a 
banks  fails,  it  must  pay  the  holders  of  its  bills  in  preference 
to  any  of  its  other  creditors.  The  stockholders  are  per- 
sonally liable  for  debts  of  the  bank  in  proportion  to  their 
amount  of  stock.  Savings  banks  are  not  allowed  any  capital 
stock,  and  the  trustees  are  not  allowed  any  interest,  direct 
or  indirect,  in  their  profits  nor  in  any  loan  or  use  of  the 


POWERS   AND    LIMITATIONS    OF  THE    STATE     103 

money.  Thus  the  people  of  the  state  very  definitely  point 
out  what  may  and  may  not  be  done  by  their  representa- 
tives, retaining  for  themselves  the  ultimate  control  of  their 
own  affairs. 

QUESTIONS   ON    THE   TEXT 

1.  Give  in  substance  the  provision  of  the  constitution  in  refer- 
ence to  freedom  of  worship  and  of  religious  opinion  ;  in  reference 
to  disfranchisement  of  citizens  ;  in  reference  to  damages  for  injuries 
causing  death. 

2.  What  is  the  greatest  length  of  time  for  which  agricultural 
lands  may  be  leased  ?    Why  is  this  restriction  made  ? 

3.  Give  in  substance  the  provision  of  the  constitution  in  refer- 
ence to  opening  private  roads ;  to  contracting  debts  on  the  part 
of  the  state ;  to  the  forest  preserve ;  to  tolls  on  the  canals  and  the 
manner  of  providing  funds  for  canal  maintenance  and  improve- 
ment ;  to  prison  labor;  to  liability  of  stockholders  of  banks. 

4.  Describe  the  military  system  of  the  state. 

5.  Mention  four  classes  of  persons  who  are  exempt  from 
military  duty.     Give  a  reason   for  such   exemption. 

6.  What  is  the  provision  of  the  constitution  regarding  the 
number  of  the  militia  that  must  be  ready  for  active  service  ? 

7.  Describe  the  militia  of  the  state,  touching  on  (1)  persons 
composing  it,  (2)  duties. 

8.  State  the  powers  of  the  governor  with  reference  to  the 
militia.  Has  the  president  of  the  United  States  authority  to  call 
out  the  state  militia  ?    Give  a  reason  for  your  answer. 


CHAPTER  X 
LEGISLATIVE   DEPARTMENT 

Organization.  The  state  legislature,  like  the  national 
legislature,  consists  of  two  houses,  the  senate  and  the 
assembly.  This  division  can  be  traced  back  to  colonial 
times,  when  the  legislative  power  was  divided  between 
the  council  and  the  colonial  assembly,  but  there  is  now 
no  such  reason  for  its  continuation  as  exists  in  the  case 
of  the  national  legislature.  Both  houses  of  the  state 
legislature  are  representative  of  the  people  in  exactly  the 
same  way,  and  the  qualifications  for  membership  in  both 
are  the  same.  The  term  of  the  senator  is,  to  be  sure, 
longer  than  that  of  the  assemblyman,  but  this  difference 
in  time  is  not  sufficient  to  give  added  weight  or  dignity 
to  the  upper  house.  The  chief  difference  lies  in  the  fact 
that  the  senator  represents  a  constituency  three  times  as 
large  as  does  the  assemblyman.  There  is  an  important 
advantage  in  the  two-chamber  plan,  however,  in  that 
more  time  is  required  for  the  passage  of  a  bill  through  the 
two  houses  than  through  one.  In  this  way  the  public  is 
sometimes  able  to  express  its  opinion  in  such  a  material 
way  as  greatly  to  influence  legislation. 

The  Assembly.  The  number  of  assemblymen  is  fixed  by 
the  constitution  at  150.  These,  are  apportioned  through- 
out the  state  on  the  basis  of  population,  aliens  excluded. 
At  the  conclusion  of  each  census  the  legislature  immedi- 
ately defines  the  boundaries  of  the  new  assembly  dis- 
tricts ;   thus  at  each  census  the  boundaries  of  the  assembly 

104 


™       <C*TT»R*U6US'  I    STEUBE 


Maps  oj  New  York  State,  showing  (above)  the  Forty-three 
Congressional    Districts    and    (below)    the    Nine    Judicial 

Districts 
105 


106  ACTUAL  GOVERNMENT  OF  NEW  YORK 

districts  may  be  changed.  Each  county  except  Hamilton 
is  entitled  to  one  assemblyman.  The  number  of  people 
represented  by  an  assemblyman  is  ascertained  by  divid- 
ing the  total  population  entitled  to  representation  by 
150.  If  a  county  contains  a  population  equal  to  one 
and  one  half  times  the  number  represented  by  an  assembly- 
man, the  county  is  given  two  members.  The  remaining 
members  are  apportioned  among  those  counties  having  a 
population  equal  to  or  greater  than  that  represented  by 
two  assemblymen.  Assemblymen  are  elected  annually 
by  the  direct  vote  of  the  qualified  voters  of  the  district. 
The  annual  salary  is  $1500.  If  more  than  one  assembly- 
man is  assigned  to  a  county,  the  county  is  divided  into 
assembly  districts  (see  map,  p.  87). 

The  Speaker:  his  Election.  The  first  step  in  the  elec- 
tion of  the  speaker  is  the  calling  of  a  caucus,  or  meeting, 
of  all  the  assemblymen  belonging  to  the  political  party 
having  a  majority  of  the  members  elected  to  the  assembly. 
The  purpose  of  this  caucus  is  to  consider  who  shall  be 
the  candidate  of  the  majority  party.  When  a  choice  is 
finally  made  by  the  caucus,  all  members  of  the  party  feel 
bound  to  support  the  caucus  candidate  when  he  has  been 
placed  in  nomination  before  the  full  assembly.  By  this 
method  it  will  be  seen  that  the  speaker  is  actually  chosen 
by  a  majority  of  the  majority  party,  and  that  it  is  pos- 
sible for  thirty-nine  members  to  determine  who  shall  be 
the  speaker  of  the  assembly.  Owing  to  the  great  power 
which  the  speaker  exercises  over  legislation,  it  is  a  ques- 
tion if  better  results  would  not  be  obtained  by  changing 
either  our  method  of  selection,  electing  the  speaker  by 
popular  vote  of  the  whole  state,  or  by  eliminating  all 
of  his  present  powers  and  duties  other  than  those  of  a 
presiding  officer,  giving  him  a  vote  only  in  case  of  a  tie. 


LEGISLATIVE   DEPARTMENT  107 

The  Speaker :  his  Powers.  The  speaker  of  the  assembly 
appoints  the  standing  committees,  of  which  there  are 
about  thirty,  the  more  important  being  the  committee  of 
ways  and  means,  judiciary,  cities,  railroads,  education, 
taxation,  health,  banks,  insurance,  and  rules.  There  are 
three  sources  of  the  speaker's  power,  and  these  give  him 
practical  control  over  legislation.  These  are  (1)  his  power 
to  appoint  committees  which  are  made  up  of  a  majority 
selected  from  his  own  political  party ;  (2)  his  power  of 
recognition  of  members  who  wish  to  speak  upon  any 
measure  before  the  assembly,  giving  preference  to  those 
having  similar  views  to  his  own ;  and  (3)  his  power  as 
chairman  of  the  committee  on  rules,  which  enables  him 
to  determine  almost  absolutely  what  legislation  shall  be 
considered  in  the  closing  days  of  the  session. 

Majority  and  Minority  Leaders.  Legislation  is  directed 
from  the  floor  of  the  assembly  by  the  majority  leader, 
who  is  chairman  of  the  committee  of  ways  and  means. 
This  is  a  responsible  position  and  calls  for  the  highest 
qualities  of  leadership.  The  minority  party  also  chooses  a 
leader  to  direct  the  action  of  the  members  of  the  minority. 

Assembly  Officers.  The  principal  officers  of  the  as- 
sembly are  (1)  the  speaker,  who  presides  over  the  meet- 
ings and  appoints  the  assembly  committees ;  (2)  the  clerk, 
who  records  the  proceedings ;  (3)  the  sergeant  at  arms, 
who  preserves  order ;  (4)  the  librarian ;  and  (5)  the  door- 
keeper. Of  these,  only  the  speaker  is  a  member  of  the 
assembly.  He  is  elected  by  the  assembly  for  a  term  of 
one  year. 

The  Senate.  The  number  of  senators  is  fifty-one,1  appor- 
tioned on  the  basis  of  population.  The  senate  districts,  like 
the  assembly  districts,  are  to  be  changed  after  every  state 
1  Laws  of  1907. 


108  ACTUAL  GOVERNMENT  OF  NEW  YORK 

census,  so  that  they  shall  so  far  as  possible  contain  an  equal 
number  of  citizens,  excluding  aliens.  Senators,  like  as- 
semblymen, are  elected  by  direct  vote  of  the  people. 
Senate  districts  must  consist  of  contiguous  territory,  and  no 
county  can  be  divided  unless  entitled  to  two  or  more  senators. 

Officers  of  the  Senate.  The  lieutenant  governor  is  ex 
officio  president  of  the  senate.  As  presiding  ofhcer  he  has 
no  vote  except  in  case  of  a  tie.  A  president  pro  tempore 
is  chosen  by  the  senate  from  its  own  number  to  preside  in 
the  absence  of  the  lieutenant  governor.  He  is  chosen  by 
the  senators  in  the  same  manner  as  the  speaker  is  chosen 
in  the  assembly,  but  has  none  of  the  latter's  power  other 
than  that  of  recognition  of  senators  desiring  to  obtain  the 
floor  for  debate.  The  other  officers  are  similar  to  those 
of  the  assembly,  with  similar  duties.  The  standing  com- 
mittees are  similar  to  those  of  the  assembly. 

Members:  Qualifications,  Term,  etc.  The  only  quali- 
fication imposed  by  the  constitution  for  membership  in 
the  state  legislature  is  that  the  candidate  shall  not,  at 
the  time  of  his  election  or  within  one  hundred  days  previous 
thereto,  hold  any  federal  or  city  office ;  and  the  acceptance 
of  such  office  after  election  shall  vacate  the  member's  seat 
in  the  legislature.  Senators  are  elected  for  a  term  of  two 
years,  assemblymen  for  one ;  and  both  receive  a  salary 
of  $1500  per  year,  with  an  allowance  of  ten  cents  per  mile 
for  traveling  expenses  to  and  from  the  capital  once  during 
the  session.  As  in  Congress,  members  of  the  state  legis- 
lature are  not  to  be  questioned  in  any  other  place  for  any- 
thing they  may  say  in  debate  in  the  house. 

Sessions.  The  sessions  of  the  legislature  are  annual 
and  begin  the  first  Wednesday  in  January.  No  time  limit 
is  fixed,  but  the  legislature  usually  adjourns  the  latter 
part  of  March  or  the  first  of  April.     Special  sessions  may 


LEGISLATIVE   DEPARTMENT  109 

be  called  at  any  time  by  the  governor.  In  many  states 
the  legislature  meets  but  once  in  two  years,  and  then 
the  sessions  are  limited  to  thirty,  sixty,  or  ninety  days. 
Is  this  a  wise  plan?    Discuss  fully. 

Procedure.  The  rules  for  conducting  business  are  partly 
prescribed  by  the  constitution.  A  quorum  usually  con- 
sists of  a  majority  of  the  members  elected  to  each  house, 
but  when  a  bill  imposing,  perpetuating,  or  renewing  a 
tax,  or  continuing  or  renewing  an  appropriation,  or  releas- 
ing, discharging,  or  commuting  a  claim  against  the  state 
is  under  final  consideration,  three  fifths  of  the  members 
must  be  present,  and  the  vote  must  be  recorded  on  the 
journal.  Each  house  judges  as  to  the  qualifications  of  its 
members,  chooses  its  officers,  makes  the  necessary  rules,  and 
appoints  its  committees.  Both  houses  must  keep  journals 
and  publish  their  proceedings,  except  such  parts  as  demand 
secrecy ;  and  all  sessions  of  both  houses  are  open  to  the 
public  except  when  the  nature  of  the  business  demands 
secrecy.  Neither  house  can  adjourn  for  more  than  two 
days  without  the  consent  of  the  other.  As  in  the  national 
Congress,  the  work  of  the  legislature  is  done  by  the  com- 
mittee system  (see  Chapter  XXI,  pp.  270-278),  and  the 
methods  of  obstructing  and  advancing  legislation  are  the 
same.     (See  pp.  621,  635,  "Red  Book,"  1915.) 

How  a  Bill  becomes  a  Law.  Any  legislative  bill  may 
originate  in  either  house  and  may  be  amended  by  the  other. 
The  steps  in  the  passage  of  a  bill  in  each  house  of  the 
state  legislature  are  practically  the  same  and  are  similar 
to  those  in  Congress  (see  Chapter  XXI,  pp.  269-278). 
The  state  constitution  requires  in  addition  that  a  copy  of 
the  bill  in  its  final  form  shall  be  laid  on  each  member's 
desk  at  least  "  three  calendar  legislative  days  "  before  its 
final  passage,    unless   the   governor   has   certified   to   the 


no  ACTUAL  GOVERNMENT  OF  NEW  YORK 

necessity  for  immediate  action  on  the  measure.  A  bill 
becomes  a  law  in  one  of  three  ways:  (i)  it  may  receive  a 
majority  of  the  votes  in  both  houses  and  the  signature  of 
the  governor ;  (2)  if  the  governor  refuses  to  sign  the  bill, 
it  is  returned  to  the  house  in  which  it  originated,  and  if  it 
then  receives  two  thirds  of  the  votes  of  both  houses,  it 
becomes  a  law  without  the  signature  of  the  governor ; 
(3)  if  the  governor  fails  to  sign  a  bill  within  ten  days, 
Sundays  excepted,  and  the  legislature  has  not  adjourned 
in  the  meantime,  the  bill  becomes  law.  The  governor  is 
given  thirty  days  after  final  adjournment  of  the  legislature 
to  consider  the  bills  left  in  his  hands.  Bills  not  signed 
within  this  time  fail  to  become  law.  The  governor  may 
reject  one  or  more  items  of  an  appropriation  bill  without 
vetoing  the  whole  measure.  If  a  bill  appropriates  public 
money  or  public  property  for  "  local  or  private  use,"  two 
thirds  of  the  members  must  signify  their  approval  before 
the  governor  can  sign  it.  All  bills  appropriating  money 
must  definitely  state  the  purpose  for  which  the  appro- 
priation is  made,  and  the  money  must  be  spent  within 
two  years.  When  the  two  houses  fail  to  agree,  conference 
committees  from  each  are  appointed,  and  their  recommen- 
dations are  usually  voted. 

Public- Welfare  Laws.  To  protect  those  engaged  in 
dangerous  occupations,  to  safeguard  the  interests  of  women 
and  children  who  must  engage  in  gainful  occupations,  to 
assist  widows  with  families,  and  to  protect  the  public 
health,  the  state  has  departed  considerably  from  its  tradi- 
tional course  in  recent  years.  An  industrial  commission 
of  five,  appointed  by  the  governor  for  a  term  of  six  years 
at  a  salary  of  $8000  each,  is  placed  at  the  head  of  the  de- 
partment of  labor  and  is  almost  continuously  in  session. 
This  commission  has  great  powers  pertaining  to  the  safety 


LEGISLATIVE  DEPARTMENT  in 

and  health  of  working  men  and  women.  State  laws  regu- 
late the  hours  that  women  and  children  may  work  in 
factories,  stores,  and  other  places  of  business,  making  it 
obligatory  that  these  places  be  sanitary,  free  from  dust, 
gases,  and  poisonous  fumes,  and  that  dangerous  machinery 
be  inclosed.  Railroads  are  compelled  to  install  safety 
devices ;  engineers,  pilots  of  vessels,  chauffeurs,  and 
operators  of  moving-picture  machines  must  have  licenses 
issued  by  state  authority ;  the  common  towel  and  drinking 
cup  are  now  forbidden  in  stores,  factories,  schools,  on 
sleeping  cars,  and  in  other  places  where  their  use  might 
become  the  means  of  communicating  disease.  The  "  Work- 
men's Compensation  Act "  is  one  of  the  most  noted 
of  welfare  laws.  This  law  insures  a  workman  and  his 
family  against  loss  of  income  resulting  from  injury  or  death 
while  engaged  in  various  hazardous  occupations.  Em- 
ployers of  labor  in  such  occupations  must  insure  their 
workmen  as  provided  by  law,  and  it  is  one  of  the  duties  of 
the  industrial  commission  to  see  that  this  is  done.  For 
the  maintenance  of  the  home,  where  death  has  taken  the 
father  and  no  income  has  been  otherwise  provided,  the  state 
pensions  the  widowed  mother,  providing  there  are  children 
under  sixteen  years  of  age,  in  amounts  equal  to  what  it 
would  cost  the  state  to  care  for  the  children  in  an  institu- 
tional home,  and  thus  makes  it  possible  to  keep  the  family 
together.  For  the  administration  of  this  law  the  county 
judge  appoints  a  local  committee  of  seven,  two  of  whom 
must  be  women,  to  inquire  into  and  make  allowance  for 
needy  cases. 

Powers  of  the  Legislature.  The  power  of  the  legislature 
is  limited  by  the  federal  constitution,  treaties,  and  laws,  and 
by  the  state  constitution.  These  it  cannot  change  and 
must  not  violate,  but  otherwise  it  may  pass  any  law  it 


H2   ACTUAL  GOVERNMENT  OF  NEW  YORK 

pleases.  The  legislature  elects  twelve  regents  of  the  Uni- 
versity of  the  State  of  New  York.  The  choice  is  made  by 
the  senate  and  assembly  meeting  and  voting  together, 
that  is,  in  joint  session.  The  senate  may,  with  the 
judges  of  the  court  of  appeals,  sit  as  a  court  of  impeach- 
ment, and  it  also  has  authority  over  the  appointments  of 
the  governor.  The  assembly  may  bring  charges  of  im- 
peachment against  high  state  officials  —  the  governor, 
lieutenant  governor,  judges,  etc.  Legislative  commissions 
may  be  appointed  by  either  house  or  jointly  for  the  pur- 
pose of  investigating  any  and  all  questions  within  the 
scope  of  state  legislation.  (See  also  special  restrictions 
outlined  in  Art.  Ill,  pp.  xii-xiv.) 

QUESTIONS   ON   THE   TEXT 

1.  Explain  the  advantage  to  the  people  of  a  legislature  con- 
sisting of  two  houses. 

2.  Why  are  members  of  the  assembly  elected  more  frequently 
than  senators  ?  Why  is  the  number  of  members  of  the  assembly 
greater  than  that  of  senators? 

3.  Give  the  divisions  of  the  legislature  of  this  state ;  the  title 
of  the  presiding  officer  of  each;  the  special  powers  of  the 
senate. 

4.  State  the  provisions  of  the  constitution  regarding  repre- 
sentation in  the  legislature ;   special  powers  of  assembly. 

5.  When  and  how  is  the  number  of  members  of  the  assembly 
apportioned  among  the  several  counties  ? 

6.  Compare  the  office  of  president  of  the  senate  with  that  of 
speaker  of  the  assembly,  touching  on  (i)  mode  of  election, 
(2)  privilege  of  voting,  (3)  power  with  reference  to  the  appoint- 
ment of  standing  committees. 

7.  State  the  conditions  which  would  render  a  person  in- 
eligible to  the  legislature. 


LEGISLATIVE   DEPARTMENT  113 

8.  Justify  the  following  provision  in  the  state  constitution : 
"For  any  speech  or  debate  in  either  house  of  the  legislature 
the  members  shall  not  be  questioned  in  any  other  place." 

9.  Under  what  circumstances  and  by  whom  may  a  special 
session  of  the  legislature  be  called? 

10.  What  proportion  of  the  members  of  each  house  of  the 
legislature  constitutes  a  quorum  to  do  ordinary  business? 
Mention  two  cases  in  which  a  two-thirds  vote  is  required  to 
pass  a  bill. 

11.  Explain  the  necessity  of  legislative  committees.  State 
two  evils  that  may  result  from  transacting  business  through 
such  committees. 

12.  How  are  contested  elections  in  each  branch  of  the  legis- 
lature decided? 

13.  What  are  the  present  constitutional  provisions  regarding 
the  passing  of  bills  by  the  legislature?  as  to  printing  bills?  as 
to  impeachment  trials? 

14.  Give  in  substance  an  important  provision  of  the  con- 
stitution in  reference  to  appropriation  bills. 

15.  Mention  three  restrictions  imposed  by  the  constitution 
on  the  legislature.     Give  the  reason  for  such  limitation. 

16.  Give  two  powers  common  to  the  assembly  and  the  senate. 
Mention  one  power  possessed  by  the  senate  but  not  by  the 
assembly. 

17.  What  constitutes  the  impeachment  court? 


CHAPTER  XI 

THE  GOVERNOR  AND  OTHER  EXECUTIVES 

General  Provisions.  The  executive  officers  of  the  state 
are  so  numerous  that  it  is  possible  to  consider  only  the 
more  important.  There  are,  however,  certain  general 
provisions  of  the  constitution  which  apply  to  all  alike. 
In  the  first  place,  with  the  exception  of  the  governor 
and  the  lieutenant  governor,  the  state  prescribes  no  spe- 
cial qualifications  for  its  executive  officers.  Every  state 
officer  must  take  an  oath  to  support  the  constitution  of 
the  United  States  and  of  the  state  of  New  York,  and  to 
perform  his  duties  faithfully.  In  order  to  guard  against 
corruption,  a  heavy  penalty  is  imposed  upon  officers 
who  accept  a  bribe.  No  official  whose  compensation  is 
fixed  by  law  is  allowed  to  receive  an  additional  compen- 
sation, nor  can  the  salary  of  an  officer  be  increased  or 
diminished  during  his  term  of  office.  To  minimize  the 
influence  exercised  by  large  corporations  upon  legislation, 
the  constitution  provides  that  no  state  officer  shall  be  per- 
mitted to  accept  a  free  pass,  free  transportation,  or  other 
special  privileges  from  a  railroad,  telegraph,  or  telephone 
company. 

The  Governor.  The  most  important  officer  in  the 
state  is  the  governor.  A  candidate  for  this  position  must 
be  at  least  thirty  years  of  age,  a  citizen  of  the  United  States, 
and  a  resident  of  the  state  for  five  years  next  preceding 
his  election.     He  is  elected  by  direct  vote  of  the  people  for 

114 


THE   GOVERNOR  AND   OTHER  EXECUTIVES      115 

a  term  of  two  years  at  a  salary  of  $10,000  l  per  year,  with 
the  free  use  of  the  executive  residence.  In  case  of  a  tie 
vote,  the  legislature  chooses  by  joint  ballot  a  governor 
from  the  persons  having  an  equal  number  of  votes.  The 
governor  is  removable  only  by  impeachment.  In  case  of 
removal  by  death,  resignation,  or  impeachment,  or  in 
case  of  disability  of  any  kind,  he  is  succeeded  by  the 
lieutenant  governor.  In  the  event  of  the  inability  of  the 
latter  to  serve,  the  office  devolves  upon  the  president  pro 
tempore  of  the  senate,  and  in  case  of  his  failure  to  serve, 
upon  the  speaker  of  the  assembly. 

Powers  of  the  Governor.  The  powers  of  the  governor 
are  (1)  executive,  (2)  legislative,  and  (3)  judicial.  His 
executive  duties  are  to  enforce  the  provisions  of  the  con- 
stitution and  all  measures  passed  by  the  legislature.  He 
is  commander  in  chief  of  the  military  and  naval  forces  of 
the  state,  and  transacts  all  necessary  business  with  the 
officers  of  the  state,  civil  and  military,  many  of  the  more 
important  of  whom  he  appoints.  His  legislative  power  con- 
sists in  his  exercise  of  the  veto,  his  annual  and  special 
messages  pointing  out,  many  times,  desirable  legislation. 
In  case  he  is  a  strong  party  leader  and  his  party  is  in  the 
majority  in  the  legislature,  his  suggestions  are  generally 
followed.  He  may  also  convene  the  legislature,  or  the 
senate  alone,  in  extra  session  whenever,  in  his  opinion,  the 
occasion  requires.  After  a  bill  has  been  passed  by  both 
houses  of  the  legislature,  it  is  sent  to  the  governor.  After 
a  bill  reaches  the  governor,  it  takes  the  following  course : 
(1)  if  approved  by  the  governor,  he  signs  it  and  the  bill 
becomes  statute  law ;    (2)  if  the  governor  disapproves  of 

1  The  legislature  of  1910  passed  a  bill  recommending  that  the  constitu- 
tion be  amended,  making  the  salary  of  the  governor  $20,000;  senators, 
$3000;   assemblymen,  $2500. 


n6   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  bill,  he  returns  it  within  ten  days,  with  a  memorandum 
of  his  objections,  to  the  house  in  which  it  originated ;  if 
it  is  repassed  by  a  two-thirds  majority  of  both  houses,  it 
becomes  a  law  without  his  signature ;  (3)  if  it  is  not  re- 
turned within  ten  days,  Sundays  excepted,  it  becomes  a 
law  without  the  governor's  signature,  unless  the  legisla- 
ture has  adjourned,  when  he  has  thirty  days.  The  gov- 
ernor may  appoint  a  public  hearing  upon  any  bill,  and 
may  veto  items  in  an  appropriation  bill  without  vetoing 
the  entire  measure  (Art.  IV,  §9,  p.  xviii).  The  gover- 
nor's judicial  power  consists  in  granting  reprieves,  par- 
dons, and  commutations,  except  in  cases  of  impeachment. 
Even  in  cases  of  treason  he  may  suspend  the  execution  of 
the  sentence  until  the  next  session  of  the  legislature.  He 
must,  however,  report  annually  to  the  legislature  all  cases 
of  the  exercise  of  this  power  (Art.  IV,  §5,  p.  xvii). 

The  power  of  the  governor  is  further  shown  in  his  ap- 
pointment of  a  large  number  of  important  administration 
officials,  boards,  and  commissions  charged  with  the  duty 
of  carrying  into  effect  the  laws  of  the  state.  There  are 
eighteen  such  departments,  chief  among  which  are  the 
civil-service  commission,  public-service  commissions  (one 
for  the  metropolitan  district,  one  for  the  rest  of  state), 
commissioner  of  excise,  commissioner  of  labor,  superin- 
tendent of  banks,  superintendent  of  insurance.  The  gov- 
ernor exercises  the  power  of  removal  of  certain  state 
officials  with  the  consent  of  the  senate,  and  of  certain 
county  and  city  officials  without  its  consent  (Art.  X, 
§  1,  p.  xliii).  He  may  assign  justices  of  the  supreme 
court  to  certain  duties,  and  may  fill  vacancies  in  certain 
judicial,  state,  and  county  offices.     He  1  may  appoint  a 

1  In  1908  President  Roosevelt  invited  the  governors  of  the  states  to 
meet  him  in  Washington  and  talk  over  important  matters.     The  governors 


THE   GOVERNOR  AND   OTHER   EXECUTIVES     117 

United  States  senator  to  fill  a  vacancy  pending  election, 
and  may  order  an  election  in  a  congressional  district  to 
fill  a  vacancy  in  Congress,  and  in  this  way  directly  influ- 
ence federal  legislation. 

The  Lieutenant  Governor.  Though  the  lieutenant 
governor  occupies  a  less  commanding  position  than  does 
the  governor,  it  would  be  a  great  mistake  to  select  for  the 
place  a  man  who  would  not  make  a  good  governor  should 
he  for  any  reason  be  called  upon  to  assume  the  duties  of 
that  office,  as  has  happened.  Like  the  governor,  he  is 
elected  by  direct  vote  of  the  people  for  a  term  of  two  years. 
His  salary  is  $5000  per  year.  He  is  ex  officio  president  of 
the  senate ;  and  by  having  the  casting  vote  in  case  of  a 
tie,  and  by  his  power  of  recognizing  members  who  desire 
to  speak,  he  may  materially  influence  legislation.  He  is 
also  ex  officio  member  of  certain  administrative  boards 
and  commissions. 

Other  Administrative  Officers.  The  governor  is  assisted 
in  the  performance  of  the  executive  work  of  the  state 
by  a  large  number  of  administrative  officers,  boards, 
and  commissions,  of  whom  some  are  elected  directly  by 
the  people,  others  are  appointed  by  the  governor  with  the 
advice  and  consent  of  the  senate.  Some  of  these  officials 
correspond  exactly  in  name  and  function  to  the  president's 
assistants,  the  heads  of  the  great  executive  departments 
in  the  national  government ;  but  their  relation  to  the  gov- 
ernor differs  very  considerably  from  the  relation  of  the 
president's  assistants  to  him.     The  administrative  officers 


have  met  several  times  since  for  similar  purposes  upon  their  own  motion. 
This  meeting  together  is  referred  to  as  the  House  of  Governors,  and  their 
discussion  of  important  questions  is  likely  to  have  its  effect  upon  uniform 
state  legislation,  and  may  have  some  bearing  upon  federal  and  state  rela- 
tionship, defining  more  clearly  the  field  of  each. 


n8   ACTUAL  GOVERNMENT  OF  NEW  YORK 

of  the  state,  particularly  those  elected  directly  by  the  people, 
are  practically  independent  of  the  chief  executive,  and  are 
in  no  sense  a  cabinet.  They  do  not  form  an  advisory 
council  and  need  not  hold  political  views  in  harmony  with 
his.  The  elective  officers  are  not  subject  to  removal  by 
the  governor ;  and  even  in  the  case  of  appointive  officers, 
the  governor  can  exercise  his  power  of  removal  only  under 
restrictions.  These  officers  are  to  a  large  degree  the 
managers  of  the  state's  business,  for  the  state,  like  the  indi- 
vidual, has  its  purely  business  interests.  These  interests 
are  varied  and  require  the  personal  attention  of  hundreds 
of  assistants.  Some  of  the  more  important  business  matters 
are  the  collection  and  distribution  of  the  taxes ;  the  admin- 
istration of  schools,  charitable  institutions,  prisons,  and 
canals ;  the  purchase,  sale,  and  care  of  public  lands ;  the 
payment  of  employees,  etc.  It  is  simply  good  business 
management  on  the  part  of  the  people  so  to  protect  their 
business  agents  that  they  cannot  be  seriously  interfered 
with  while  discharging  their  obligations  to  the  state. 

Secretary  of  State.  The  secretary  of  state  is  elected 
for  a  term  of  two  years  by  the  voters  of  the  entire  state, 
in  the  same  manner  as  the  governor.  His  salary  is  $6000 
per  year.  He  is  the  keeper  of  the  state  archives  and  the 
great  seal,  and  superintends  the  publication  and  distribution 
of  the  laws,  to  which  he  attaches  his  certificate.  He  ad- 
ministers the  oath  of  office  to  the  members  of  the  legisla- 
ture and  to  other  state  officers,  and  reports  to  the  legislature 
annually.  He  is  ex  officio  a  member  of  the  land  office  and 
canal  fund,  a  member  of  the  canal  board,  of  the  board  of 
state  canvassers  (of  elections  returns),  of  the  state  board 
of  equalization  of  assessments,  of  the  state  printing  board, 
and  one  of  the  officers  to  designate  the  state  paper.  He  is 
a  trustee  of  Union  College  ;  he  fixes  the  salaries  of  the  resi- 


THE   GOVERNOR  AND   OTHER  EXECUTIVES      119 

dent  officers  of  the  state  hospitals,  subject  to  the  approval 
of  the  governor  and  the  comptroller,  and  performs  various 
minor  duties.  The  secretary  of  state  can  be  removed  from 
office  only  by  impeachment. 

Comptroller.  The  comptroller  is  elected  for  a  term  of 
two  years  by  the  voters  of  the  entire  state  and  receives 
a  salary  of  $8000  per  year.  He  audits  all  accounts  against 
the  state  and  issues  warrants  on  the  treasurer  for  their 
payment,  as  directed  by  law.  He  designates  the  banks 
in  which  the  funds  of  the  state  shall  be  deposited,  collects 
the  tax  on  corporations,  supervises  the  collection  of  the 
transfer  and  stock-transfer  taxes,  sells  the  land  of  delin- 
quent taxpayers  in  the  various  counties  in  which  are  in- 
cluded a  part  of  the  forest  preserve,  examines  the  accounts 
of  the  court  and  trust  funds  deposited  with  the  treasurer 
of  every  county  of  the  state,  regulates  the  forms  of  accounts 
and  manner  of  investment,  appoints  examiners  of  munici- 
pal accounts,  and  performs  various  minor  duties.  He  is 
ex  officio  a  member  of  several  important  boards  and  com- 
missions, of  the  state  board  of  canvassers,  of  the  board 
of  equalization  of  assessments,  and  a  trustee  of  Union 
College. 

Treasurer.  The  state  treasurer  is  elected  on  the  general 
ticket  by  the  voters  of  the  entire  state  for  a  term  of  two 
years,  at  a  salary  of  $6000  per  year.  He  is  the  custodian 
of  all  moneys  paid  into  the  state  treasury,  and  moneys 
owed  by  the  state  are  paid  out  by  him  upon  proper  war- 
rants (or  orders) .  He  is  a  member  of  the  canal  board,  of  the 
state  board  of  canvassers,  of  the  board  of  equalization  of 
assessments,  and  of  other  boards  and  commissions.  He  is 
authorized  by  law  to  perforin  other  duties,  and  may  be  sus- 
pended by  the  governor  during  a  recess  of  the  legislature 
and  for  thirty  days  after  it  convenes,  for  neglect  of  duty. 


120  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Attorney-General.  The  attorney-general  is  elected  upon 
the  general  state  ticket  by  all  the  voters  of  the  state.  He 
is  chosen  for  a  term  of  two  years,  at  a  salary  of  $10,000 
per  year.  It  is  his  duty  to  prosecute  and  defend  all 
actions  and  proceedings  in  which  the  state  is  interested, 
and  to  have  charge  and  control  of  all  the  legal  business 
of  the  officers  and  departments  of  the  state  except  the  mili- 
tary department.  He  is  a  member  of  the  state  board  of 
canvassers,  of  the  board  of  equalization  of  assessments, 
and  of  several  other  important  boards  and  commissions. 

State  Engineer  and  Surveyor.  The  state  engineer  and 
surveyor  is  elected  upon  the  general  state  ticket  for  a  term 
of  two  years,  at  a  salary  of  $8000  per  year.  He  has  charge 
of  the  surveys  and  supervises  the  public  lands  and  canals, 
and  must  be  a  practical  engineer.  He  is  ex  officio  a  mem- 
ber of  several  important  boards  and  commissions. 

Other  Elective  Officers.  Besides  the  above,  the  people 
elect  fifty-one  senators  for  a  term  of  two  years,  at  an 
annual  salary  of  $1500,  and  support  in  addition  over  one 
hundred  officers  of  the  senate  ;  one  hundred  fifty  assembly- 
men for  a  term  of  one  year,  at  an  annual  salary  of  $1500, 
and  one  hundred  and  eleven  assembly  officials ;  ten  judges 
of  the  court  of  appeals  for  a  term  of  fourteen  years,  at  a 
salary  of  $13,700  per  year,  with  $14,200  for  the  chief  judge  ; 
and  one  hundred  two  judges  of  the  supreme  court  for  a 
term  of  fourteen  years,  each  at  a  salary  of  $17,500  per  year 
in  the  first  and  second  districts,  and  $10,000  per  year  in 
the  remaining  seven  districts.  These  judges  are  chosen 
by  the  people  voting  by  districts.  The  people  also  elect 
forty-three  representatives  to  Congress  from  as  many 
districts,  and  two  United  States  senators  from  the  state 
as  one  district.  The  legislature  by  joint  ballot  chooses 
twelve  members  of  the  board  of  regents,  one  each  year, 


THE   GOVERNOR  AND   OTHER   EXECUTIVES     121 

for    a   term    of    twelve  years    each.     They  have    general 
supervision  of  education  and  serve  without  salary. 

Appointed  by  the  Governor.  In  addition  to  those 
chosen  by  the  people  at  the  general  elections,  the  following 
are  the  chief  officers  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate.  The  only  sig- 
nificance to  the  number  of  officers,  clerks,  and  assistants 
is  to  impress  upon  the  student  the  enormous  army  of  people 
who  are  working  for  the  state,  that  is,  who  are  doing  our 
business  for  us.     This  number  changes  from  time  to  time. 


Name 

Term 

Salary 

Main  Duties 

Commissioner  of 

3  yrs. 

$8000  and 

Appoints  a  director  of  farmers' 

agriculture 

necessary 

institutes  and  other  officers  to 

expenses 

enforce  the  laws.  Appoints  ex- 
pert butter  and  cheese  makers 
to  examine  and  inspect  butter 
and  cheese  factories  and  im- 
part information  as  to  best 
methods  of  making  and  im- 
proving quality  of  these  prod- 
ucts. Has  access  to  all  places 
where  dairy  products  are 
made  and  may  examine  same 
to  detect  violations  of  the  law. 

Commissioner  of 

5  yrs. 

$7000 

With  his  assistants  issues  liquor- 

excise 

tax  certificates  and  collects 
pay  therefor ;  receives  reports 
of  violations  of  the  law. 

State  board  of 

8  yrs. 

$10  a  day 

Visits,  inspects,  and  supervises 

charities  (12). 

for  attend- 

all institutions  or  associations 

One   is   ap- 

ance at 

which  are  of  a  charitable,  cor- 

pointed from 

meeting ; 

rectional,  or  reformatory  char- 

each judicial 

not  to  ex- 

acter, public  or  private,  with 

district  and 

ceed  $500 

the    exception    of    those    in- 

three additional 

a  year 

trusted  to  the  commission  in 

from  N.Y.  City 

lunacy  and  state  commission 

122   ACTUAL  GOVERNMENT  OF  NEW  YORK 


Name 


C  i vil-service 
commission  (3), 
not  more  than 
two  of  whom 
are  to  be  from 
same  political 
party 

Conservation 
commission  (3) 


Commissioner  of 
health.  Must 
be  a  physician 
of  ten  or  more 
years'  experi- 
ence and  also 
a  college  grad- 
uate 


State  hospital 
commission  in 


Not  fixed 


6  yrs. 


Salary 


15000  and 
traveling 
expenses 


>io,ooo  and 
necessary 
expenses 


4  yrs. 


6  yrs. 


Main  Duties 


!8ooo  and 
expenses 


President 
receives 


of  prisons;    frames  rules   for 
reception    and    retention    of 
inmates;   reports  annually  to 
legislature. 
Aids  the  governor  in  preparation 
of  rules  with  which  to  test  fit- 
ness and  capacity  of  applicants 
for  employment  in  the  public 
service  of  the  state,  to  the  end 
that   appointments  and  pro- 
motions shall  be  made  on  the 
basis  of  merit  and  competition. 
Acquires  forest  lands  for  state, 
administers  laws  relating  to 
tree  culture,  state  parks,  res- 
ervations, etc. ;    enforces  fish 
and  game  laws,  propagates  and 
distributes  among  the  waters 
of  the  state  food  and  fish,  has 
charge  of  state  hatcheries ;  etc. 
Looks    after    the    interests    of 
health   and  life  of  people  of 
state;     inquires     into    cause 
of  disease,  especially  epidem- 
ics;    investigates    source    of 
mortality  and  effect  of  locali- 
ties, employments,  and  other 
conditions  upon  public  health ; 
collects  vital  statistics;  looks 
after  health  as  it  relates  to 
sale  of  food,  drugs,  etc. 
Has  exclusive  jurisdiction  over 
all  institutions  for  care  of  in- 


Note.  The  governor  also  appoints  three  superintendents  of  election  for  terms 
of  four  years,  at  an  annual  salary  of  $5000  each.  These  appoint  three  "  chief " 
deputies  at  a  salary  of  $4500  each,  and  400  deputies  whose  compensation  is  $5  per 
day  for  actual  services  rendered. 


THE   GOVERNOR  AND   OTHER  EXECUTIVES      123 


Name 


lunacy  (3). 
Second  mem- 
ber must  be  a 
lawyer  and  the 
third  a  layman. 
Office  force  of 
22 

State  commission 
of  prisons  (7 
members) 


Term 


Two  public  serv- 
ice Commis- 
sions of  five 
members  each 


State  tax  com- 
missioners (3 


Salary 


4  yrs. 


5yrs- 


$7500, 
others 
$5000. 
Each  of 
the  three 
is  allowed 
$1200  for 
expenses 
&10  per  day 
and  their 
expenses 


$15,000 


3  yrs. 


Main  Duties 


sane ;  examines  into  their 
condition,  inquires  into  their 
methods  of  management  and 
government ;  licenses  private 
institutions.  Supervises  the 
expenditures  of  all  state  hos- 
pitals ;  requires  annual  reports 
from  state  hospitals. 

Visits  and  inspects  all  institu- 
tions used  for  the  detention 
of  sane  adults  charged  with 
crime;  aids  in  securing  their 
just,  humane,  and  economic 
administration ;  investigates 
their  management  and  the 
conduct  of  their  officials ;  pro- 
tects and  preserves  health  of 
prisoners;  arranges  for  their 
employment. 

Represents  the  interests  of  the 
general  public  in  matters  re- 
lating to  railroads,  street-car 
lines,  and  common  carriers, 
with  reference  to  service 
charges,  switches,  sidetracks, 
freight  rates,  etc.;  also  in 
matters  relating  to  gas  and 
electrical  corporations,  tele- 
phone and  telegraph  compa- 
nies, and  those  employed  by 
the  same.  The  aim  is  to 
improve  service  at  less  cost 
and  with  greater  safety  to 
the  public  and  employees  of 
such  companies. 

Visit  officially  every  county  once 
in  two  years  and  inquire  into 


i24   ACTUAL  GOVERNMENT  OF  NEW  YORK 


Name 

Term 

Salary 

Main  Duties 

members) 

the  methods  of  assessment 
and  taxation ;  furnish  local  as- 
sessors with  instruction ;  hear 
and  determine  appeals  from 
local  equalization  boards 
within  the  several  counties; 
report  annually  to  legislature. 

Superintendent 

3yrs. 

$10,000 

Supervises  banks  operated  under 

of  banks 

Expenses  of 

state     laws,    savings    banks, 

this  office 

trust,  loan,  and  mortgage  com- 

are paid  by 

panies    or    associations,    etc. 

the  insti- 

Receives reports  from  these, 

tutions  in- 

banks    reporting     quarterly, 

spected 

savings  banks  and  all  others 
in  general  semiannually.  Re- 
ports annually  to  legislature. 

Super  fhtendent 

3  yrs- 

$io,ooo.  Ex- 

Controls and  supervises  insur- 

of insurance 

penses  are 

ance  companies  doing  business 

paid  by 

in  the  state;  requires  all  life 

insurance 

and  casualty  companies  of  the 

companies 

state  and  all  foreign  insurance 

doing  busi- 

companies to  deposit  securi- 

ness in  this 

ties  with  him  for  the  protec- 

state 

tion  of  policyholders;  has 
power  to  refuse  a  company 
right  to  transact  business  in 
the  state.  Reports  annually 
to  legislature. 

Superintendent 

2  yrs. 

$8ooo 

Carries  out  laws  relating  to  re- 

of public  works 

i.e.,  for 

pair    and   navigation  of    ca- 

(a deputy  and 

term  of 

nals,    their   construction   and 

three  assistant 

governor 

improvement,  except  so  far  as 

superintend- 

who 

the  execution  of  such  laws  may 

ents,  appointed 

nomi- 

be  confided  to  state  engineer 

by  the  superin- 

him, or 

and  surveyor;  subject  to  the 

tendent  of  pub- 

until his 

control  of  legislature,  makes 

lic  works  for 

successor 

rules  and  regulations  for  navi- 

THE   GOVERNOR  AND   OTHER  EXECUTIVES     i2<: 


Name 

Term 

Salary 

Main  Duties 

3  yrs.,  each  re- 

qualifies 

gation  or  use  of  the  canals ;  has 

ceive  a  salary  of 

charge  of   expenditure  of  all 

$3000) 

moneys  appropriated  by  legis- 
lature for  public  improvements 
authorized  by  special  acts. 

Architect 

During 

$10,000 

Prepares    plans,    specifications, 

pleasure 

and  acts  as  supervising  archi- 

of gov- 

tect   of    all    buildings    con- 

ernor 

structed  by  the  state. 

Superintendent 

5  yrs- 

$6000 

Supervises    state    prisons    and 

of  state  prisons 

convicts  therein,  discipline, 
police,  contracts  and  penal 
concerns  thereof  subject  to 
existing  laws ;  appoints  agents 
and  wardens,  physicians  and 
chaplains  of  prisons;  reports 
annually  to  legislature. 

State  commis- 

2 yrs. 

$12,000 

Charge  of  state  roads  and  im- 

sioner of  high- 

provements. 

ways 

Summary.  In  1914  the  state's  payroll  approximated 
$22,254,700.  The  state's  business  required  17,414  regular 
employees  under  salary  and  1167  employees  serving  with- 
out compensation,  in  addition  to  a  large  number  of  persons 
employed  by  the  day  to  whom  $2,873,204  of  the  above 
sum  was  paid.  During  the  same  year  the  Greater  City  of 
New  York  employed  69,280  different  people  and  paid 
$104,353,286  for  the  services  which  they  rendered.  No 
political  significance  whatever  is  attached  to  the  vast 
majority  of  the  state's  employees,  and,  since  better  results 
for  the  state  can  be  obtained  by  trained  help,  the  necessity 
for  taking  precautions  to  secure  efficient  service  and  to 
safeguard  entrance  to  that  service,  which  is  the  work  of 


126  ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  civil-service  commission,  is  apparent.  Furthermore, 
state  officials  should  work  as  many  hours  per  day  as  many 
days  per  year  as  they  would  be  required  to  do  by  a  private 
corporation. 

QUESTIONS   ON   THE   TEXT 

1.  State  the  conditions  of  eligibility  to  the  office  of  governor, 
giving  reasons.     What  is  his  salary  ?  his  length  of  term  ? 

2.  Give  the  mode  of  electing  the  governor,  and  five  of  his 
duties.  Name  the  other  officers  elected  by  direct  vote  of  all 
the  voters  of  the  state.  What  state  and  county  officers  may 
he  remove? 

3.  Give  in  substance  the  provision  of  the  constitution  in 
reference  to  the  succession  to  the  governorship  in  case  of  the 
death,  resignation,  etc.  of  the  governor. 

4.  What  control  has  the  governor  over  legislation?  On 
what  grounds  is  this  arrangement  justifiable? 

5.  State  the  qualifications,  term  of  office,  salary,  and  chief 
duties  of  the  lieutenant  governor. 

6.  When  is  the  lieutenant  governor  not  entitled  to  a  casting 
vote?     Why  this  restriction? 

7.  Mention  the  principal  duties  of  the  following  officers: 
(i)  attorney-general,  (2)  state  engineer  and  surveyor,  (3)  comp- 
troller, (4)  state  treasurer. 

8.  In  what  respects  are  the  duties  of  the  secretary  of  state 
of  the  United  States  and  of  the  state  (1)  similar,  (2)  dis- 
similar ? 

9.  Distinguish  between  the  duties  of  the  state  comptroller 
and  those  of  the  state  treasurer.  Which  officer  is  the  more  im- 
portant ?     Give  reasons  for  your  answer. 

10.  Name  two  state  officers  appointed  by  the  governor. 

11.  Name  one  state  commission  and  mention  its  principal 
duties. 


THE   GOVERNOR  AND   OTHER   EXECUTIVES      127 

12.  State  the  manner  of  obtaining  office,  the  length  of  term, 
and  the  chief  duty  of  the  commissioner  of  excise. 

13.  Describe  the  organization  and  mention  the  principal 
functions  of  the  state  board  of  charities. 

14.  Describe  the  organization  and  state  the  principal  func- 
tion of  the  civihservice  commission ;  of  the  public-service 
commissions. 

15.  What  is  meant  by  the  civil  service?  What  are  the 
provisions  of  the  constitution  of  this  state  regarding  the  civil 
service  ?     What  important  change  was  made  in  this  law  in  1899  ? 

16.  Give  in  substance  the  provision  of  the  constitution  in 
reference  to  civil-service  appointments  and  promotions. 

17.  What  are  the  principal  duties  of  the  department  of 
health? 

18.  Describe  the  department  of  labor  touching  on  (1)  or- 
ganization, (2)  principal  functions. 


CHAPTER  XII 
JUDICIAL   DEPARTMENT 

Courts  and  Judges.  The  business  of  interpreting  the 
law  is  vested  in  a  regular  series  of  courts  —  justice 
and  municipal  courts,  county  court,  supreme  court,  appel- 
late division  of  the  supreme  court,  and  court  of  appeals. 
No  judge  of  any  of  these  courts,  except  justices  of  the 
peace,  may  receive  any  fees  or  perquisites  of  office  in  addi- 
tion to  his  regular  salary,  which  is  determined  by  law  and 
cannot  be  increased  or  diminished  during  his  term  of 
office.  Every  member  of  these  courts,  except  justices 
of  the  peace  and  the  county  judge  in  Hamilton  County, 
must  be  an  attorney  and  counselor  of  this  state.  None 
of  these  officers,  however,  except  justices  of  the  peace  and 
county  judges  and  surrogates  in  counties  of  less  than 
120,000  population,  may  carry  on  any  private  practice  or 
act  as  a  referee  in  the  state  during  his  term  of  office ;  and 
the  legislature  may  impose  a  similar  prohibition  upon 
county  judges  and  surrogates  in  other  counties.  When  a 
judge  has  reached  the  age  of  seventy  years,  he  must  retire. 

Justice  Courts.  The  lowest  court  for  the  trial  of  cases 
both  civil  and  criminal  is  a  justice  court,  presided  over  by 
a  justice  of  the  peace.  This  is  primarily  a  town  court, 
and  is  nearest  to  the  people.  City  governments  have 
provided  special  courts,  which  have  absorbed  much  of  the 
business  of  justice  courts.     The  justices,  four  in  each  town, 

128 


The  Senate  Chamber  (above)  and  the  Assembly  Chamber 
(below)  in  the  State  Capitol  at  Albany 


129 


130  ACTUAL  GOVERNMENT  OF  NEW  YORK 

are  chosen  by  the  voters  in  town  meeting  for  a  term  of 
four  years.  They  are  paid  by  fees.  Their  jurisdiction  is 
limited  to  petty  criminal  cases  and  to  civil  cases  where 
the  amount  involved  does  not  exceed  $200.  They  may, 
however,  issue  warrants  for  the  arrest  of  persons  suspected 
of  graver  offenses,  and  may  after  examination  admit  them 
to  bail  (money  security  for  their  appearance  in  court  when 
wanted)  or  send  them  to  jail  to  await  the  action  of  the 
grand  jury.  Over  both  civil  and  criminal  cases  of  a  minor 
nature  a  justice  court  has  original  jurisdiction ;  that  is, 
such  cases  may  be  begun  there.  Appeals  from  the  deci- 
sion of  a  justice  court  may  be  taken  to  the  county  court ; 
that  is,  either  party  to  a  civil  suit  may  upon  request  have 
his  case  reexamined  in  the  county  court. 

County  Courts.  The  court  next  higher  than  a  justice 
court  is  the  county  court.  As  its  name  implies,  its 
jurisdiction  is  limited  to  the  boundaries  of  the  county. 
It  has  both  original  and  appellate  jurisdiction  over  most 
of  the  cases,  either  civil  or  criminal,  arising  in  the  county. 
Its  jurisdiction  in  civil  cases  is  limited  to  those  in  which 
the  amount  involved  does  not  exceed  $2000.  Issues  of 
fact  in  a  county  court  are  determined  by  a  jury  of  twelve 
men  drawn  by  the  county  clerk  from  the  list  furnished 
by  the  town  board  and  the  board  of  supervisors  (pp.  135- 
136).  In  every  county  except  the  county  of  Kings, 
which  has  two  county  judges,  and  the  county  of  New 
York,  which  has  no  county  court,  there  is  a  single  county 
court,  presided  over  by  a  judge  chosen  by  the  voters  of 
the  county  for  a  term  of  six  years  at  a  salary  fixed  by  law 
but  varying  in  different  counties.  County  judges  may 
be  removed  by  a  two-thirds  vote  of  the  senate  on  the 
recommendation  of  the  governor,  but  such  removal  may 
be  made  only  for  cause  and  after  the  judge  has   been 


JUDICIAL   DEPARTMENT  131 

informed  of  the  charge  against  him  and  has  been  given 
opportunity  to  defend  himself. 

The  Supreme  Court  is  the  next  court  higher  than  the 
county  court.  In  this  court  may  be  tried  all  grave  crimes 
against  the  laws  of  the  state,  and  all  important  civil  cases. 
The  state  has  been  divided  into  nine  judicial  districts,  in 
each  of  which  the  court  holds  its  sessions.  The  first 
district  is  entitled  to  thirty-two  judges,  the  second  to 
twenty  ;  the  third  to  seven,  the  fourth  and  sixth  to  six ;  the 
fifth  to  eight ;  the  seventh  to  seven  ;  the  eighth  to  fourteen  ; 
and  the  ninth  to  seven ;  making  in  all  one  hundred  two, 
elected  for  terms  of  fourteen  years.  In  the  first  and  second 
districts  the  salary  is  $17,500  annually,  and  $10,000  in  each 
of  the  other  seven  districts.  The  judges  are  elected  by 
the  voters  of  their  respective  districts.  At  the  age  of 
seventy  years  a  judge  must  retire.  Judges  may  be  re- 
moved by  a  concurrent  resolution  passed  by  the  legislature, 
providing  two  thirds  of  the  members  concur.  The  supreme 
court  has  both  appellate  and  original  jurisdiction ;  that  is, 
cases  may  be  begun  in  this  court  or  taken  to  it  on  appeal 
from  the  county  court. 

Appellate  Division  of  the  Supreme  Court.  To  lighten 
the  labors  of  the  court  of  appeals  another  court  was  created 
in  1894,  called  the  appellate  division  of  the  supreme  court. 
The  state  is  divided  into  four  judicial  departments,  the 
first  consisting  of  the  counties  of  New  York  and  The  Bronx, 
the  other  departments  including  the  judicial  districts  near 
them.  There  is  an  appellate  division  in  each  department, 
located  respectively  in  New  York  City  (first),  Brooklyn 
(second),  Albany  (third),  and  Rochester  (fourth).  From 
those  elected  to  the  supreme  court  the  governor  assigns 
seven  judges  to  the  first  and  five  each  to  the  other  depart- 
ments.    For  this  service  supreme-court  judges  receive  an 


i3 2      ACTUAL   GOVERNMENT   OF   NEW  YORK. 

additional  salary  of  $2000,  and  the  presiding  judge  of  each 
department,  $2500.  No  more  than  five  judges  may  sit 
in  any  case,  four  are  necessary  for  a  quorum,  and  the 
concurrence  of  three  is  necessary  to  render  a  decision. 

Court  of  Appeals.  The  highest  court  in  the  state  is 
the  court  of  appeals.  It  is  a  court  of  last  resort  in  ques- 
tions arising  under  the  laws  of  the  state.  The  judges  are 
ten  in  number  and  are  chosen  by  the  direct  vote  of  the 
people  of  the  whole  state.  Their  term  is  for  fourteen  years, 
and  their  salary  is  $13,700  per  year.  One  of  their  number 
is  chosen  as  chief  justice  and  receives  $14,200.  No  judge 
of  this  court  can  be  removed  without  the  action  of  two 
thirds  of  the  members  of  both  houses  of  the  legislature. 
Temporary  vacancies  are  filled  by  the  governor,  with  the 
advice  and  consent  of  the  senate,  until  the  time  of  the  next 
general  election.  This  court  is  almost  continuously  in 
session  in  rooms  in  the  capitol  building  at  Albany.  Five 
judges  are  necessary  to  constitute  a  quorum,  and  the  con- 
currence of  four  is  necessary  to  a  decision.  Its  jurisdiction 
is  strictly  limited  to  reviewing  questions  of  law,  except 
where  the  judgment  is  death.  That  is  to  say,  this  court 
deals  only  with  cases  brought  up  from  the  lower  courts 
on  appeal,  and  examines  them  only  with  a  view  to  deter- 
mining whether  the  law  has  been  properly  interpreted. 
It  is  only  in  grave  criminal  cases  that  it  examines  into  the 
facts. 

Special  Courts.  Besides  the  regular  system  of  state 
courts  there  are  certain  special  courts  —  the  court  of 
impeachment,  the  court  of  claims,  and  the  surrogate's 
court.  The  court  of  impeachment  differs  from  all  courts  of 
law.  Charges  of  impeachment  are  brought  against  the 
governor,  lieutenant  governor,  judges,  etc.  by  the  assembly 
and  tried  before  the  senate,  the  judges  of  the  court  of 


JUDICIAL   DEPARTMENT  133 

appeals,  and  the  president  of  the  senate,  sitting  together 
as  a  court  of  impeachment.  When  the  governor  or  the 
lieutenant  governor  is  on  trial,  the  president  of  the  senate 
does  not  sit  with  the  court,  it  being  presumed  that  he  would 
be  an  interested  party.  A  two-thirds  vote  is  necessary 
for  conviction,  and  the  power  of  the  court  does  not  extend 
further  than  to  remove  from  office  the  person  convicted, 
or  to  disqualify  him  from  holding  any  office  of  honor, 
trust,  or  profit  under  this  state.  The  court  of  claims  con- 
sists of  three  judges  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  senate,  for  a  term  of  nine  years, 
at  a  salary  of  $8000  per  year  each.  One  of  their  number 
is  designated  by  the  governor  as  presiding  judge.  Its 
jurisdiction  extends  to  cases  of  private  claims  against  the 
state  and  of  the  state  against  a  claimant.  A  state  is  a 
sovereign  in  strictly  state  matters  ;  that  is,  it  is  the  original, 
first,  or  highest  authority  within  its  field.  It  is  therefore 
incompatible  with  state  dignity  to  be  sued  by  one  of  its 
subjects,  so  to  speak.  In  order,  therefore,  to  get  around 
this  question  of  dignity  and  permit  the  subject  to  do  the 
same  thing  under  a  different  name,  the  court  of  claims  is 
established.  The  jurisdiction  of  the  surrogate's  court  is 
often  exercised  by  the  county  court.  In  counties  with  a 
population  of  over  40,000  a  special  surrogate's  court  for 
the  trial  of  cases  involving  the  settlement  of  wills  and 
estates  of  deceased  persons  may  be  had.  This  court  also 
appoints  guardians  for  the  care  of  minors  (children  under 
twenty-one  years  of  age)  and  their  property.  The  term 
and  the  salary  of  the  surrogate,  except  in  the  county 
of  New  York,  is  the  same  as  that  of  the  county  judge. 
A  coroner's  court  is  held  for  the  purpose  of  investigating 
the  causes  of  suspicious  and  sudden  deaths.  The  coroner 
has  power  to  issue  a  warrant  for  the  arrest  of  any  person 


134   ACTUAL  GOVERNMENT  OF  NEW  YORK 

charged  with  the  commission  of  the  crime  under  investi- 
gation. In  the  course  of  his  investigation  he  may  sum- 
mon any  persons  as  witnesses,  and  examine  them  as  to 
their  knowledge  of  the  case  under  investigation.  A 
coroner's  court,  a  justice  court,  and  most  city  courts  are 
not  courts  of  record,  while  county,  surrogate's,  supreme, 
and  the  court  of  appeals  are  courts  of  record ;  that  is,  the 
last  four  courts  each  have  a  clerk  who  keeps  a  detailed 
record  of  what  the  court  does.  Courts  of  record  also 
have  an  official  seal. 

The  Duty  of  the  Courts.  Courts  frequently  find  it 
necessary  to  determine  what  the  law  means,  and  to  deter- 
mine whether  a  law  is  constitutional,  as  well  as  to  decide 
disputes  between  individuals.  People  do  not  all  get  the 
same  meaning  from  reading  the  same  law ;  each  may  insist 
that  he  is  correct,  and  the  court  has  to  decide.  Or  a 
law  passed  by  the  legislature  may  seriously  affect  busi- 
ness firms  of  long  standing.  Any  firm  or  individual  so 
affected  may  bring  suit  to  test  the  constitutionality  of  the 
law,  when  again  the  courts  must  decide.  If  found  to  be 
constitutional,  then  the  law  stands  and  must  be  obeyed ; 
if  not  constitutional,  then  the  courts  set  it  aside  and  the 
conditions  remain  the  same  as  they  were  before  the  act  was 
passed  by  the  legislature. 

Civil  Procedure.  Before  we  can  have  a  lawsuit  there 
must  be  a  disagreement  between  individuals  which  they 
refuse  to  settle  between  themselves.  Suppose  that  such 
a  disagreement  involves  the  ownership  of  property.  A 
suit  at  law  over  property  is  called  a  civil  suit.  The  party 
who  is  aggrieved  brings  the  dispute  into  court  for  settle- 
ment. He  is  said  to  be  the  plaintiff,  and  to  have  brought 
the  suit.  The  person  who  is  opposed  to  this  view  is  called 
the  defendant.     The  defendant  must  know  who  has  made 


JUDICIAL   DEPARTMENT  135 

a  charge  against  him,  what  the  charge  is,  and  when  he 
must  answer  the  charge.  The  notice  and  the  answer  must 
be  in  writing.  This  notice  is  called  a  summons.  If  the 
defendant  fails  to  appear  in  court  at  the  time  set  for  the 
trial,  the  plaintiff  may  prove  his  case  by  his  witnesses 
and  himself,  and  the  judge  will  direct  the  executive  officer, 
sheriff,  or  constable  to  execute  the  order  of  the  court,  or 
judgment,  and  put  the  plaintiff  in  possession  of  his  claim. 
If,  however,  the  defendant  appears  and  disputes  the  claim, 
then  the  case  has  to  be  tried  and  the  facts  established  by 
the  jury.  After  hearing  the  witnesses  on  both  sides,  the 
jury  renders  a  decision  called  a  verdict,  and  the  judge 
orders  the  one  found  to  be  in  the  right  to  be  given  pos- 
session of  the  property,  as  in  the  former  case.  If  both 
parties  agree,  the  case  may  be  tried  before  the  judge 
without  the  aid  of  a  jury. 

Criminal  Procedure :  the  Arrest.  The  burning  of  a 
building  is  a  crime  which  we  call  arson;  the  forcible 
taking  of  another's  goods  without  his  consent,  robbery  or 
burglary;  the  attack  upon  one's  person,  assault.  If  any 
crime  of  this  or  a  similar  nature  has  been  committed, 
it  is  the  duty  of  the  peace  officer  —  sheriff,  constable, 
policeman  —  to  try  to  rind  the  criminal.  The  injured 
party  or  some  one  knowing  of  the  crime  goes  before  a 
judge,  justice,  or  mayor,  tells  him  what  has  happened,  and 
describes  the  person  if  possible.  If  the  magistrate  is  con- 
vinced that  a  crime  has  been  committed,  he  issues  a  war- 
rant for  the  arrest  of  the  suspected  person.  This  warrant 
is  a  written  paper  describing  the  person  and  directing  that 
he  be  brought  before  the  magistrate.  It  is  given  to  a 
peace  officer  (constable,  policeman,  or  sheriff).  To  arrest 
the  person  the  officer  may  call  upon  people  to  aid  him, 
may  break  into  a  building,  and  use  violence,  even  to  the 


136  ACTUAL  GOVERNMENT  OF  NEW  YORK 

death  of  the  person  if  necessary,  but  never  more  than  is 
necessary,  for  he  too  must  obey  the  laws. 

Criminal  Procedure:  the  Indictment.  After  the  arrest 
the  person  is  taken  before  the  magistrate,  who  informs  him 
of  the  charge  against  him  and  the  facts  pointing  to  the 
truth  of  the  charge.  The  law  assumes  all  men  innocent 
until  proved  guilty.  With  as  little  delay  as  possible  the 
prisoner  is  examined,  and  either  dismissed  or  held  for  trial, 
according  to  the  evidence.  Unless  the  offense  is  of  a  serious 
nature,  the  prisoner  may  furnish  bail  to  appear  in  court 
when  wanted.  If  the  prisoner  cannot  furnish  security,  he 
must  go  to  jail  until  the  hour  of  his  trial  has  struck.  If 
the  charge  is  for  a  capital  or  otherwise  infamous  crime, 
the  prisoner  is  not  admitted  to  bail,  but  must  remain  in 
jail  to  await  the  action  of  the  grand  jury.  The  grand  jury 
is  a  body  of  men  selected  in  different  ways  in  different 
counties  (find  out  how  the  grand  jury  is  chosen  in  your 
county).  The  names  are  put  into  a  box.  When  the  court 
for  the  trial  of  criminals  is  held,  the  names  of  twenty-four 
men  are"  drawn  out  of  this  box  by  the  county  clerk  in  the 
presence  of  the  judge  and  sheriff.  The  drawing  is  done  at 
random.  The  grand  jury  consists  of  not  less  than  sixteen 
nor  more  than  twenty-three  men,  except  in  New  York 
County,  where  the  number  is  thirty-six.  It  is  the  business  of 
the  grand  jury  to  inquire  into  the  facts  of  the  cases  brought 
before  it  by  the  district  attorney.  Witnesses  are  sum- 
moned and  evidence  produced  to  support  the  charges 
made  against  the  prisoner.  The  case  is  presented  by  the 
district  attorney  in  writing,  and  is  called  a  bill  of  indict- 
ment. If  twelve  or  more  members  of  the  grand  jury  think 
the  evidence  is  sufficient  to  warrant  a  court  trial,  the  fore- 
man writes  across  the  back  of  the  indictment  the  words 
"  A  true  bill,"  and  the  prisoner  must  stand  trial  in  court. 


JUDICIAL   DEPARTMENT  137 

If,  on  the  other  hand,  a  majority  of  the  jury  think  the 
evidence  insufficient,  the  indictment  is  returned  to  the  court 
with  the  words,  "  Not  a  true  bill,"  which  ends  the  case. 

Criminal  Procedure:  the  Trial.  Supposing  the  grand 
jury  has  reported  a  true  bill.  Then  the  prisoner  appears 
in  the  custody  of  the  sheriff  in  open  court  and  stands 
trial.  If  the  case  is  a  misdemeanor  (a  lesser  form  of 
crime),  the  prisoner  may  not  appear  in  person,  but  may 
be  present  through  his  attorney ;  if  the  case  is  a  felony 
(a  more  serious  crime),  he  must  appear  in  person.  The 
charge  is  made  out  as  against  the  people  of  the  state  of 
New  York,  who  are  represented  in  court  by  the  district 
attorney,  who  is,  in  such  cases,  a  state  officer,  although 
chosen  by  the  people  of  the  county.  The  indictment  is 
then  read  to  the  prisoner  before  the  judge  in  open  court, 
and  he  is  asked  to  answer  as  to  the  truth  of  the  charge. 
If  he  pleads  (answers)  guilty,  the  judge  sentences  him  to 
punishment  as  fixed  by  state  law,  and  the  case  ends.  If 
he  claims  to  have  been  at  some  former  trial  in  a  court  of 
law  where  he  has  been  acquitted  or  convicted  of  this  same 
charge  (which  is  not  a  repetition  of  the  offense),  and  his 
statement  is  found  to  be  true,  he  is  dismissed  and  the 
case  is  ended.  If,  on  the  other  hand,  he  pleads  not  guilty, 
then  a  question  of  fact  arises,  and  the  case  is  tried  before 
a  jury.  The  prisoner  has  a  right  to  have  an  attorney 
and  to  summon  witnesses  for  his  defense.  If  he  is  unable 
to  pay  these,  then  the  expense  must  be  a  public  charge. 

A  trial,  or  petit,  jury  consists  of  twelve  citizens  of  the 
United  States  residing  within  the  county  where  the  crime 
was  committed.  They  must  be  property  owners,  between 
the  ages  of  twenty-one  and  seventy  years.  The  process  of 
drawing  a  trial  jury  differs  in  different  counties  (find  out 
the  way  it  is  done   in  your   county).     Thirty-six  names 


138  ACTUAL  GOVERNMENT  OF  NEW  YORK 

are  supplied,  from  which  twelve  are  chosen.  If  twelve 
persons  acceptable  to  both  sides  of  the  case  cannot  be 
chosen  from  the  thirty-six  names  supplied,  another  thirty- 
six  names  are  supplied,  and  so  on  until  an  acceptable  twelve 
is  obtained.  Each  thirty-six  names  constitute  a  "  panel." 
The  district  attorney  then  presents  the  case  and  brings 
witnesses  to  prove  to  the  jury  the  guilt  of  the  person 
charged  with  the  crime.  The  attorney  for  the  prisoner 
brings  witnesses  to  prove  the  contrary.  When  both  sides 
have  finished,  the  judge  makes  his  charge  to  the  jury, 
that  is,  explains  the  law  governing  the  case.  The  jury 
then  retires  to  consider  the  evidence  and  arrive  at  a  de- 
cision. If  the  twelve  jurors  cannot  agree,  the  foreman 
reports  no  agreement;  if  they  all  agree,  he  reports  guilty 
or  not  guilty.  If  guilty,  the  judge  pronounces  sentence, 
the  prisoner  is  turned  over  to  the  peace  officers  and  sent 
to  prison  or  to  death ;  if  not  guilty,  the  judge  sets  the 
prisoner  free ;  if  there  is  a  disagreement,  then  the  case  is 
either  set  for  a  new  trial  or  dismissed.  The  prisoner  has 
the  right  of  appeal  to  a  higher  court  if  the  jury  has  ren- 
dered a  verdict  of  guilty,  on  the  ground  that  the  verdict 
is  not  in  accordance  with  the  law  or  that  an  error  has 
been  committed  in  the  first  trial.  The  higher  court  will 
then  review  the  proceedings  of  the  lower  court,  and,  if 
the  appeal  is  sustained,  order  a  new  trial ;  if  no  error  is 
found,  the  appeal  is  dismissed  and  the  order  of  the  lower 
court  stands.  It  is  the  duty  of  all  citizens  to  be  ready  to 
serve  as  jurors  and  to  the  best  of  their  ability  further  the 
ends  of  justice. 

United  States  Courts:  Perjury.  New  York  State  is 
in  the  second  judicial  circuit  of  the  United  States  court 
of  appeals.  The  state  is  divided  into  four  districts,  — 
northern,  southern,  eastern,  and  western,  —  in  which  are 


JUDICIAL   DEPARTMENT  139 

held  regular  sessions  of  the  United  States  district  courts 
(see  Chapter  XXIV,  p.  336).  These  courts  are  held  in 
various  cities  within  each  district.  All  witnesses  in  the 
various  courts  are  required  to  make  oath  or  affirmation  to 
tell  "  the  truth,  the  whole  truth,  and  nothing  but  the 
truth."  Jurors  are  required  to  make  oath  or  affirmation 
truly  and  faithfully  to  perform  their  duties  to  the  end  that 
justice  may  be  secured.  In  signing  certain  legal  papers 
similar  formalities  are  required.  Any  person  violating 
such  oath  or  affirmation  is  guilty  of  the  crime  of  perjury, 
for  which  the  law  provides  severe  penalties.  Jurors 
receive  $3  per  day  for  actual  service. 

QUESTIONS   ON   THE   TEXT 

1.  Outline  the  system  of  state  courts.  What  kind  of  juris- 
diction has  the  court  of  appeals?  the  supreme  courts?  the 
county  court? 

2.  Mention  three  courts  in  the  state  having  appellate 
jurisdiction;    one  having  original  jurisdiction  only. 

3.  What  is  the  limit  in  a  civil  action  of  the  jurisdiction  of  a 
justice  court  ?  of  the  county  court  ? 

4.  Give  the  manner  of  obtaining  office,  length  of  term, 
manner  of  compensation,  and  two  duties  of  the  county  judge. 

5.  Mention  the  terms  of  the  supreme  court  in  this  state. 
Give  the  number  of  judicial  districts  and  judicial  departments 
in  the  state. 

6.  Describe  the  appellate  division  of  the  supreme  court  as 
to  (1)  jurisdiction,  (2)  number,  (3)  manner  of  obtaining  office, 
and  (4)  length  of  term  of  members. 

7.  Describe  the  highest  court  of  this  state  as  to  (1)  number 
of  members,  (2)  conditions  of  eligibility,  (3)  length  of  term, 
(4)  jurisdiction. 


140  ACTUAL  GOVERNMENT  OF  NEW  YORK 

8.  Compare  the  judges  of  the  court  of  appeals  with  those 
of  the  United  States  Supreme  Court  with  reference  to  (i)  num- 
ber, (2)  manner  of  obtaining  office,  (3)  length  of  term. 

9.  Give  in  substance  the  provision  of  the  constitution  in 
reference  to  the  removal  of  judges. 

10.  In  what  court  of  this  state  would  a  murderer  be  tried? 
To  what  other  court  might  he  appeal  ? 

11.  Write  on  the  court  of  claims.     Is  it  a  law  court  ? 

12.  State  the  manner  of  obtaining  office,  the  length  of  term, 
and  the  chief  duty  of  a  judge  of  the  court  of  claims. 

13.  Mention  two  duties  of  the  surrogate. 

14.  Distinguish  between  the  duties  of  a  grand  jury  and 
those  of  a  petit  jury.  Describe  the  process  of  selecting  these 
jurors  and  of  their  finding  an  indictment. 

15.  Give  an  outline  of  the  method  of  legal  procedure  in 
ordinary  civil  cases. 

16.  Give  an  outline  of  the  method  of  procedure  in  criminal 
cases. 


CHAPTER  XIII 

STATE  EDUCATION  DEPARTMENT 

Historical  Sketch.  From  its  earliest  history  the  state  has 
been  interested  in  the  education  of  its  citizens,  first  as  a 
Dutch  colony,  then  as  an  English  colony,  and  finally  as  a  state. 
The  first  legislature  that  met  under  the  constitution,  1784, 
received  a  message  from  the  first  constitutional  governor, 
George  Clinton,  urging  the  immediate  encouragement  of  the 
schools.  Since  that  date  almost  every  legislature  has  had 
under  consideration  some  important  educational  question  or 
appropriation.  The  first  step  taken  by  the  legislature  toward 
the  creation  of  an  educational  system  for  the  state  was  the 
incorporation  of  the  state  board  of  regents  in  1784.  Three 
years  later,  at  the  request  of  the  regents,  the  legislature 
revised  the  school  law  to  extend  the  control  of  the  regents 
to  include  all  the  instrumentalities  for  higher  education  in 
the  state ;  and  in  1795,  through  the  persuasion  of  the  board, 
the  state  made  a  liberal  appropriation  for  the  purpose  of 
establishing  a  system  of  common  schools.  The  people  were, 
however,  unwilling  to  intrust  the  management  of  these  com- 
mon schools  to  the  board  of  regents;  and  in  1854,  after  a 
long  period  of  struggle  over  their  management,  during  which 
nothing  very  effective  was  done  toward  organizing  the  system, 
it  was  decided  that  the  elementary  schools  should  be  admin- 
istered independently,  and  the  department  of  public  instruc- . 
tion  was  created.  Thus  it  came  about  that  the  educational 
system  of  the  state  was,  until  1904,  administered  by  two 
separate  and  quite  independent  bodies  :  one  the  board  of 
regents  of  the  University  of  the  State  of  New  York,  whose 

141 


142      ACTUAL   GOVERNMENT    OF    NEW  YORK 

function  was  to  "  encourage  and  promote  education  in  advance 
of  the  common  elementary  branches  "  ;  the  other  the  depart- 
ment of  public  instruction,  exercising  control  over  the  whole 
elementary-school  system. 

Board  of  Regents.  The  University  of  the  State  of  New 
York  to-day  is  a  vastly  different  institution  from  that  contem- 
plated by  the  legislature  granting  its  charter  in  1784.  The 
legislature  had  in  mind  an  ordinary  university  ;  we  now  find  it  a 
federation  of  higher  institutions,  libraries,  museums,  and  tech- 
nical and  professional  schools,  exercising  its  authority  through 
the  commissioner  of  education  over  the  secondary  and  ele- 
mentary schools  as  well.  The  educational  interests  are  thus 
under  the  general  supervision  of  the  twelve  regents,  elected 
on  joint  ballot  by  the  legislature,  since  the  regents  choose 
the  commissioner  of  education.  The  regents  have  power  to 
incorporate,  alter,  or  revoke  the  charters  of  universities,  col- 
leges, high  schools,  and  academies  ;  to  distribute  to  them  state 
funds  to  which  they  are  entitled  ;  to  inspect  their  workings 
and  require  annual  reports ;  to  establish  examinations  and 
confer  certificates  and  degrees  ;  to  choose  a  commissioner  of 
education  ;  to  supervise  the  state  library  and  museum  ;  and  to 
establish  extension  courses,  approve  the  appointments  of  the 
commissioner  of  education,  and  make  rules  and  regulations 
necessary  for  carrying  out  the  laws  of  the  state. 

State  Commissioner  of  Education.  Under  the  unification 
law  of  1904  the  board  of  regents  elects  a  commissioner  of 
education  to  serve  during  the  pleasure  of  the  board,  at  a 
salary  of  $12,000  per  year,  with  no  allowance  for  expenses. 
The  education  department  of  the  state  government  is  under 
his  immediate  direction.  The  commissioner  appoints  a  deputy 
commissioner  at  a  salary  of  $6000  per  year,  two  assistant 
commissioners  at  a  salary  of  $5000  each,  and  a  large  number 
of  chiefs  of  divisions  and  other  assistants.     The  department 


New  York  State  Education  Building,  Albany  (above)  and 
a  Public  School  (below) 

The  State  Education  Building  is  devoted  to  the  administration  of  the  educa- 
tional affairs.    The  lower  picture  shows  one  of  the  fine  public  schools  to  be 
found  in  nearly  every  city  of  the  country 


143 


144      ACTUAL   GOVERNMENT    OE    NEW   YORK 

is  divided  into  eleven  divisions  as  follows  :  administration, 
agriculture,  archives,  attendance,  extension,  examinations  and 
inspection,  law,  library  school,  school  buildings,  school  libra- 
ries, and  visual  instruction.  Each  assistant  commissioner  is 
at  the  head  of  a  series  of  schools,  as  follows  :  colleges  and  pro- 
fessional and  technical  schools  are  under  the  first  assistant ; 
high  schools  and  academies,  under  the  second  assistant ; 
elementary,  rural,  and  normal  schools,  under  the  deputy 
commissioner.  The  commissioner  apportions  the  public- 
school  moneys  of  the  state  and  has  power  to  remove  any 
school  officer  or  to  revoke  any  teacher's  license  for  cause. 
It  is  his  duty  to  interpret  the  school  law  and  decide  cases 
brought  up  to  him  on  appeal  from  the  decision  of  lower 
school  officials  or  brought  directly  to  him. 

Supervisory  District.  Each  county  of  the  state,  except 
those  within  the  boundaries  of  New  York  City,  is  divided 
into  supervisory  districts,  varying  from  one  to  eight.  In 
these  districts  cities  and  villages  having  5000  or  more  in- 
habitants are  not  included.  In  such  cities  and  villages  the 
requirement  of  the  state  constitution  for  the  provision  of 
free  public  schools  is  met  by  the  terms  of  their  charters. 
These  villages  and  cities  each  constitute  a  school  district 
having  a  board  of  education  in  charge  of  the  schools.  The 
board  of  supervisors  in  each  county  is  charged  with  the 
responsibility  of  dividing  the  county  into  supervisory  districts. 
In  so  doing  they  must  not  divide  a  town,  and  the  territory 
of  the  district  must  be  compact  and  contiguous. 

District  Superintendent.  The  district  superintendent  is 
chosen  by  the  school  directors  of  his  district,  two  from  each 
town,  for  a  term  of  five  years,  at  a  salary  of  $1500  per  year, 
with  $300  per  year  for  expenses,  both  sums  being  paid  by  the 
state.  This  amount  may  be  increased,  with  the  consent  of 
the  supervisors  of  the  towns  of  the  district,  by  levying  a  tax 


STATE   EDUCATION    DEPARTMENT  145 

upon  the  towns  of  the  district.  The  district  superintendent's 
term  is  for  five  years,  and  he  may  be  removed  by  the  state 
commissioner  of  education.  Any  citizen  of  the  United  States, 
twenty-one  years  of  age,  a  resident  of  the  state,  may  be  chosen 
district  superintendent  without  respect  to  sex.  To  qualify 
educationally,  the  candidate  shall  hold  a  certificate  to  teach  in 
any  of  the  public  schools  of  the  state  without  further  examina- 
tion, and  also  shall  pass  an  examination  in  the  supervision 
and  teaching  of  agriculture.  He  need  not  be  a  resident  of 
the  district  at  the  time  of  election,  but  he  must  become  one 
after  being  chosen.  If  removed  from  office,  a  person  be- 
comes ineligible  for  reelection  for  a  term  of  five  years.  The 
district  superintendent  is  the  superintendent  of  all  the  rural 
schools,  and  of  schools  in  villages  of  less  than  5000  inhab- 
itants, of  his  district.  He  has  power  to  fill  vacancies  in  the 
office  of  school  trustee  unless  filled  as  provided  by  law  within 
thirty  days,  to  form  new  districts,  and  to  change  the  boundaries 
of  old  ones.  Under  the  direction  of  the  state  commissioner 
of  education  he  may  examine  and  license  teachers.  He  has 
power  to  condemn  schoolhouses  and  order  the  residents  of 
a  district  to  build  new  ones.  Appeals  from  his  decisions 
are  taken  to  the  state  commissioner  of  education.1 

Compulsory  Attendance.  Not  only  has  the  state  provided 
free  schools  for  all  its  children,  but  it  has  made  attendance 
compulsory.  In  this  matter  the  state  dictates  to  the  parent 
and  protects  the  rights  of  the  child.     Children  between  the 

1  A  state-wide  pension  for  public-school  teachers  is  provided  by  law. 
To  this  fund  teachers  are  required  to  pay  one  per  cent  of  their  salaries. 
The  community  also  is  required  to  pay  into  this  fund  an  equal  sum.  A 
teacher  who  has  taught  in  public  schools  twenty-five  years,  fifteen  of  which 
have  been  in  this  state,  may  retire  and  receive  an  annuity  equal  to  one  half 
of  his  average  salary  for  the  last  five  years,  provided  said  one  half  does 
not  exceed  $600  and  he  is  physically  or  mentally  unable  to  teach.  The 
law  is  administered  by  a  board  of  five  members  appointed  by  the  commis- 
sioner of  education  and  paid  by  the  state. 


146      ACTUAL   GOVERNMENT    OF    NEW  YORK - 

ages  of  seven  and  fourteen  years  who  are  mentally  and  physi- 
cally capable  of  attending  school  must  attend  school  all  of  the 
time  that  school  is  in  session  or  receive  equivalent  instruction 
elsewhere.  Children  from  fourteen  to  fifteen  years  old  who 
have  completed  the  eight  years  of  school  may  secure  a  per- 
mit to  work  if  they  have  attended  school  at  least  one  hundred 
and  thirty  days  since  their  fourteenth  birthday  ;  those  from 
fifteen  to  sixteen  years  old  are  required  to  complete  only  the 
first  six  years  of  school.  If  not  legally  employed,  children 
must  be  in  school  until  sixteen  years  old.  Permits  are  granted 
by  the  health  officers  upon  the  signed  statement  from  the 
schools  showing  that  the  applicant  has  met  the  provisions  of 
the  law  in  all  particulars.  The  state  furnishes  printed  forms 
free  for  use  in  certifying  school  records.  Attendance  officers 
are  appointed  to  enforce  the  provisions  of  the  law.  It  is 
illegal  to  employ  any  child  without  such  permit,  and  parents 
and  employers  are  subject  to  prosecution  and  fine  for  evading 
the  law.  Attendance  officers  may  arrest  a  truant  pupil  without 
a  warrant.  It  is  the  business  of  the  secretary  of  the  school 
census  bureau  maintained  in  each  city  of  the  state  to  know 
that  every  child,  parent,  and  employer  complies  with  the  law. 
Compulsory  Physical  Training.  All  children  above  the 
age  of  eight  years  in  all  the  elementary  and  secondary  schools 
of  the  state,  both  public  and  private,  must  receive  physical 
training  at  least  twenty  minutes  each  school  day.  The  board 
of  regents  determines  the  course  of  study  and  the  qualifica- 
tions of  teachers.  The  military  commission  may  recommend 
methods  adapted  to  the  development  of  correct  physical  pos- 
ture and  bearing,  mental  and  physical  alertness,  self-control, 
disciplined  initiative,  sense  of  duty,  and  spirit  of  cooperation 
under  leadership,  but  the  board  of  regents  is  not  bound  to 
accept  such  recommendations.  For  each  teacher  of  physical 
training  employed,  the  state  will  pay  one  half  of  the  salary 


STATE   EDUCATION    DEPARTMENT  147 

up  to  six  hundred  dollars.  The  law  applies  to  country  and 
village  schools  as  well  as  to  city  schools. 

Compulsory  Military  Training.  Military  training  is  com- 
pulsory for  all  boys  above  the  age  of  sixteen  and  not  over 
nineteen  years.  No  boy  subject  to  military  training  who 
fails  to  enroll  may  attend  school  or  secure  legal  employment. 
This  law  applies  to  all  public  and  private  secondary  schools 
and  colleges.  The  time  devoted  to  military  training  is  not  to 
exceed  three  hours  per  week,  and  this  time  is  in  addition 
to  prescribed  periods  of  instruction  in  both  secondary  schools 
and  colleges.  This  work  is  under  the  direction  of  the  state 
military  training  commission.  Instructors  may  be  selected 
from  competent  teachers  of  physical  training  in  schools  or 
colleges  if  satisfactory  to  the  military-training  commission,  or 
may  be  appointed  from  the  national  guard  or  the  naval  militia. 
For  this  work  additional  compensation  is  granted.  Without 
the  consent  of  the  board  of  education  school  buildings  and 
grounds  cannot  be  used  for  purposes  of  military  training  ex- 
cepting in  so  far  as  the  board  of  regents  incorporate  military 
training  as  a  part  of  the  state  course  of  physical  training. 

Other  State  Educational  Activities.  To  encourage  boards 
of  education  to  establish  courses  in  vocational  and  agricul- 
tural instruction,  the  state  pays  a  large  share  of  the  salaries 
of  teachers  employed  in  this  work  both  in  day  schools  and 
in  evening  schools.  Where  there  are  ten  or  more  mental 
or  physical  defectives  residing  within  a  district,  boards  of 
education  must  organize  special  classes  and  provide  instruc- 
tion adapted  to  their  needs.  The  state  encourages  health 
education  by  authorizing  boards  of  education  to  organize  and 
conduct  open-air  schools  for  anaemic  children,  to  establish 
and  maintain  dental  clinics,  and  to  employ  school  nurses  and 
medical  inspectors.  The  state  is  constantly  studying  ways  of 
adding  to  the  physical  and  mental  well-being  of  its  children. 


148      ACTUAL   GOVERNMENT    OF    NEW  YORK 

Qualification  and  Training  of  Teachers.  Schools  receiving 
state  aid  must  meet  the  state  requirements  in  the  qualifi- 
cation of  their  teachers.  It  is  illegal  to  pay  state  money 
or  money  raised  by  local  taxation  for  the  support  of  rural  or 
public  schools  to  an  unlicensed  teacher,  and  trustees  and 
boards  of  education  authorizing  such  expenditure  are  person- 
ally liable  and  may  be  made  to  reimburse  their  communities. 
There  are  several  different  kinds  of  teachers'  licenses.  For 
the  preparation  of  teachers  the  state  provides  a  normal  col- 
lege at  Albany  and  ten  normal  schools  located  as  follows : 
Plattsburg,  Potsdam,  New  Paltz,  Oswego,  Oneonta,  Cortland, 
Brockport,  Buffalo,  Geneseo,  and  Fredonia,  and  is  to  build  the 
eleventh  in  Westchester  county.  It  also  provides  training 
schools  and  training  classes  in  high  schools  and  recognizes 
the  work  done  in  college  for  the  training  of  teachers. 

State  Aid  to  Schools.  In  addition  to  the  money  raised 
by  local  taxation  for  the  support  of  the  public  schools,  the 
state  makes  large  appropriations  from  the  general  state  funds. 
The  legislature  of  191 5  made  the  following  appropriations: 
for  common  schools,  $5,600,000  ;  for  cities,  academic  depart- 
ments, academies,  and  libraries,  $603,500;  for  normal  schools, 
$672,000;  for  training  classes  and  schools,  $100,000;  for 
salaries  of  district  superintendents,  $248,400  ;  and  for  Indian 
education,  $14,000.  The  commissioner  of  education  appor- 
tions the  first  two  items  given  above  as  follows  :  to  cities 
and  villages  having  a  population  of  at  least  5000  and  main- 
taining a  superintendent  of  schools,  $800 ;  a  district  quota 
varying  from  $125  to  $200,  and  a  teacher's  quota  of  $100  for 
each  teacher  employed  in  any  school  district,  village,  or  city, 
not  counting  the  first  teacher ;  $700  to  each  city  or  village 
maintaining  a  training  class  ;  and  special  quotas  for  teachers 
of  vocational  and  agricultural  studies.  The  state  also  pays 
sums  toward  library  books  and  apparatus  equal  in  amount  to 


STATE   EDUCATION    DEPARTMENT  149 

sums  raised  by  the  locality  up  to  a  certain  limit,  and  in  other 
ways  appropriates  money  to  be  used  for  local  school  purposes. 

State  Scholarships.  In  191 2  the  state  passed  a  law  estab- 
lishing five  scholarships  valued  at  $400  each  for  each  of  the 
one  hundred  and  fifty  assembly  districts  of  the  state.  These 
scholarships  are  awarded  by  the  state  commissioner  of  educa- 
tion to  the  five  pupils  residing  within  each  assembly  district 
who  have  earned  a  regents  college-entrance  diploma  and 
whose  standings  in  the  regents  examinations  are  the  highest 
in  their  district.  The  holder  of  one  of  these  scholarships 
may  attend  any  college  within  the  state  and  receive  $100  per 
year  for  each  of  the  four  years  he  attends  college.  In  addi- 
tion to  the  3000  pupils  who  thus  receive  direct  aid  from  the 
state  toward  their  college  education,  600  pupils  receive  free 
tuition  at  Cornell  University  under  the  United  States  land 
grant  act.  Pupils  attending  the  State  College  of  Forestry 
at  Syracuse  University  and  the  State  College  of  Agricul- 
ture and  State  Veterinary  College  at  Cornell  University,  all 
receive  free  tuition.  Tuition  is  free  to  pupils  residing  in 
this  state  in  the  state  normal  college  at  Albany  and  in  the 
normal  schools,  all  of  which  are  supported  by  the  state. 

Distribution  of  State  Aid.  Payment  from  the  state  school 
fund  is  made  to  the  county  treasurer  of  each  county,  for  all 
the  schools  located  in  the  county,  by  the  state  treasurer  on  the 
warrant  of  the  comptroller  or  the  certificate  of  the  commis- 
sioner of  education.  The  county  treasurer  turns  over  to  the 
supervisors  of  the  towns  the  sum  of  money  to  which  the 
schools  of  each  town  are  entitled.  In  cities  and  villages 
having  a  population  of  at  least  5000  the  county  clerk  turns 
the  money  over  to  the  chamberlain  or  treasurer  of  the  city 
or  village,  unless  there  is  a  separate  treasurer  of  the  board  of 
education  provided  in  the  local  charter,  and  in  that  case  it 
is  placed  in  his  care. 


150      ACTUAL  GOVERNMENT    OF   NEW  YORK 

School  Trust  Funds.  In  addition  to  the  money  raised  by 
local  taxation,  voted  at  school  meetings,  and  apportioned  by 
city  boards,  the  state  has  certain  trust  funds  which  it  manages 
in  the  interests  of  the  schools.  The  proceeds  from  these 
funds  are  also  in  excess  of  the  moneys  voted  by  the  legisla- 
ture out  of  the  general  state  funds.  These  trust  funds  are 
known  as  (i)  the  common-school  fund,  (2)  the  United  States 
deposit  fund,  (3)  moneys  arising  from  the  sale  or  rental 
of  the  gospel  and  school  lands,  and  (4)  the  literature  fund. 
The  common-school  fund  is  the  result  of  the  sale  by  the 
state  of  public  lands  ;  the  United  States  deposit  fund  is  the 
state's  share  of  a  $30,000,000  surplus  which  had  accumulated 
in  the  United  States  Treasury  and  which  was  distributed  to 
the  states  on  the  basis  of  population  in  1832,  to  be  kept  by  the 
states  until  called  for  by  the  federal  government ;  the  gospel 
and  school-lands  fund  resulted  from  an  action  of  the  state 
in  setting  aside  in  each  township  one  lot  for  the  support 
of  the  gospel  and  one  for  the  support  of  the  schools  of  the 
town  ;  the  literature  fund  resulted  from  the  sale  by  the  state 
of  the  unappropriated  public  lands. 

The  Town  School  District.  For  a  full  discussion  of  the  work 
of  a  common-school  district,  its  officers,  powers,  duties,  etc., 
see  Chapter  II. 

QUESTIONS  ON  THE  TEXT 

1.  Describe  the  educational  system  of  New  York  State. 

2.  State  the  mode  of  appointment,  the  length  of  term,  and 
the  principal  duties  of  the  commissioner  of  education. 

3 .  What  are  the  chief  provisions  of  the  compulsory-education  law  ? 

4.  Give  the  length  of  term,  the  salary,  and  the  principal  duties 
of  a  district  superintendent  of  schools. 

5.  Should  school  buildings  be  used  for  lectures,  musicales,  dra- 
matics, and  other  entertainments  for  local  charities,  and  meetings  for 
civic  betterment  ? 


CHAPTER  XIV 
STATE   INSTITUTIONS 

State  Agricultural  Schools.  There  are  four  agricultural 
schools  maintained  by  the  state  for  the  purpose  of  agri- 
cultural experimentation,  giving  free  instruction  in  agri- 
culture, industrial  arts,  and  household  arts,  preparing 
pupils  for  the  more  advanced  courses  in  the  state 
college  of  agriculture,  and  conducting  short  winter 
courses.  The  courses  of  instruction  differ  somewhat  in 
the  different  schools.  The  four  schools  are  under  the 
direction  of  separate  boards  of  trustees  of  seven  or  nine 
members,  while  the  state  commissioner  of  agriculture  and 
the  director  of  the  state  college  of  agriculture  are  ex 
officio  members  of  each.  These  schools  are  located  at 
Morrisville  in  Madison  County,  at  Cobleskill  in  Schoharie 
County,  at  Delhi  in  Delaware  County,  and  on  Long 
Island  in  Nassau  County. 

State  College  of  Agriculture.  The  State  College  of  Agri- 
culture is  located  at  Ithaca  and  forms  one  of  the  large 
group  of  buildings  of  Cornell  University.  Besides  the 
regular  courses,  the  college  conducts  a  short  course  of  a 
few  weeks  during  the  winter  months  for  the  special  benefit 
of  those  men  and  women  who  are  unable  to  attend  the  reg- 
ular session.  A  most  thorough  extension  course  is  main- 
tained by  the  college ;  experiments  are  performed  and 
exhibits  made  in  different  parts  of  the  state  at  farmers' 
institutes,  agricultural  fairs,  etc.     The  college  has  for  its 

151 


152       ACTUAL  GOVERNMENT  OF  NEW  YORK 

use  an  extensive  farm,  which  deals  with  practically  every 
department  of  agriculture  and  animal  industry.  Instruction 
in  this  college  is  free  to  all  students  of  this  state.  A  two- 
years  course  in  agriculture  is  also  maintained  by  the  state 
at  St.  Lawrence  University  at  Canton,  and  at  Alfred  Uni- 
versity at  Alfred.  It  also  maintains  an  experiment  station 
and  farm  at  Geneva.  The  State  College  of  Forestry  is 
located  at  Syracuse  University.  The  college  conducts  upon 
land  belonging  to  the  state  such  experiments  in  forestry  as 
are  helpful  to  the  state.  It  plants,  raises,  cuts,  and  sells 
trees  and  timber  in  order  to  obtain  scientific  knowledge 
of  the  management  and  care  of  forests  and  the  production 
of  wood  crops. 

State  Veterinary  College.  The  state  maintains  at  Ithaca 
a  veterinary  college.  It  is  one  of  the  group  of  fine  build- 
ings which  the  state  has  erected  at  Cornell  University. 
The  course  of  instruction  is  given  in  cooperation  with  the 
university.  Tuition  in  this  college  is  free  to  students 
resident  of  this  state.  The  diseases  of  domestic  animals 
are  here  studied  and  taught  in  the  same  manner  as  are 
the  diseases  of  man  in  a  medical  college.  The  trained 
faculty  in  charge  render  great  service  to  the  state  in  in- 
vestigating animal  diseases,  in  diagnosing  the  infectious 
and  other  diseases,  in  prescribing  methods  for  their  preven- 
tion, and  in  many  other  ways  rendering  assistance. 

Normal  Schools.  For  the  preparation  of  teachers  the 
state  supports  ten  normal  schools  of  equal  rank  (p.  146). 
Graduation  from  a  normal  school  entitles  one  to  a  life  cer- 
tificate to  teach  in  the  public  schools  of  the  state.  A  high- 
school  diploma  representing  a  four-years  course  approved 
by  the  state  commissioner  of  education  is  required  for 
entrance.  The  state  also  maintains  a  normal  college  at 
Albany  for  the  purpose  of  giving  further  preparation   to 


STATE  INSTITUTIONS  153 

those  who  wish  to  take  up  the  more  advanced  forms  of 
teaching.  Tuition  is  free  in  normal  schools  and  in  the 
normal  college.  Those  desiring  to  enter  any  of  these  schools 
obtain  an  application  blank  from  the  principal. 

Schools  for  the  Blind,  Deaf,  and  Dumb.  The  state 
maintains  various  other  schools  in  whole  or  in  part.  A 
most  excellent  school  for  the  blind  is  maintained  at  Batavia, 
and  children  are  here  taught  academic,  manual,  and  art 
courses  much  the  same  as  in  a  regular  day  school.  The 
state  also  contributes  to  the  support  of  the  New  York  In- 
stitution for  the  Blind,  the  Institute  for  the  Deaf  and  Dumb 
in  New  York  City,  the  Le  Couteulx  Saint  Mary's  Institu- 
tion for  the  Improved  Instruction  of  Deaf-mutes  at  Buffalo, 
the  Central  New  York  Institution  for  the  Improved  Instruc- 
tion of  Deaf-mutes  at  Rome,  the  Northern  New  York 
Institution  for  Deaf-mutes  at  Malone,  Saint  Joseph's  In- 
stitution for  Deaf-mutes  at  West  Chester,  the  Albany 
Home  for  the  Deaf,  and  the  Western  New  York  Institution 
at  Rochester.  Thus  it  will  be  seen  that  the  state  supple- 
ments the  work  of  the  philanthropist  in  providing  for  and 
supervising  the  education  of  its  unfortunate  but  other- 
wise capable  children. 

Hospitals  for  the  Insane.  In  addition  to  the  work  of 
philanthropy  outlined  in  the  above  paragraph,  the  state 
maintains  thirteen  hospitals  for  the  insane,  located  as  fol- 
lows :  Utica,  Willard,  Hudson,  Middletown,  Buffalo,  Bing- 
hamton,  St.  Lawrence,  Rochester,  Gowanda,  Kings  Park, 
Long  Island,  Manhattan,  and  Central  Islip.  These  hos- 
pitals are  in  charge  of  local  boards  of  managers  appointed 
by  the  governor  and  confirmed  by  the  senate.  These 
boards  have  general  direction  and  control  of  the  property 
and  make  rules  outlining  the  duties  of  officers  and  em- 
ployees, and  a  majority  of  each  board  is  required  to  visit 


154  ACTUAL  GOVERNMENT  OF  NEW  YORK 

its  hospital  at  least  once  each  month  for  the  purpose  of 
making  a  thorough  inspection.  The  commission  in  lunacy, 
with  the  approval  of  the  board  of  managers,  appoints  for 
each  hospital  a  superintendent,  who  must  be  a  "  well- 
educated  physician,  a  graduate  of  an  incorporated  medi- 
cal college,  and  who  shall  have  had  not  less  than  five 
years'  actual  experience  in  an  institution  for  the  care  of 
the  insane."  Persons  believed  to  be  insane  are  arrested 
and  examined  before  a  judge  by  a  local  commission ;  if 
found  insane  they  are  sentenced  by  the  judge  to  a  hospital. 

State  Charities.  The  state  further  provides  for  its  less 
fortunate  citizens  by  maintaining  an  asylum  for  feeble- 
minded women  at  Newark,  one  for  feeble-minded  chil- 
dren at  Syracuse,  a  custodial  asylum  for  idiots  at  Rome, 
the  Craig  colony  for  epileptics  at  Sonyea,  a  hospital  for 
crippled  and  deformed  children  at  West  Haverstraw,  and  a 
hospital  for  cases  of  incipient  pulmonary  tuberculosis  at 
Ray  Brook.  These  institutions  are  in  charge  of  boards  of 
managers  appointed  by  the  governor,  usually  with  the 
consent  of  the  senate.  These  boards  are  responsible  to  the 
state  board  of  charities.  The  state  constitution,  Article 
VIII,  §  n,  p.  xli,  provides  that  the  state  board  of  charities 
shall  visit  and  inspect  all  institutions  within  the  state, 
which  are  of  a  charitable,  eleemosynary,  correctional,  or 
reformatory  character.  Commitments  to  these  institutions 
are  made  in  accordance  with  state  law. 

State  Reformatories.  One  of  the  great  problems  of 
the  state  is  to  deal  justly  with  those  who  violate  its  laws. 
Frequently  first  offenders,  while  their  offense  is  serious,  will 
never  repeat  the  crime  or  commit  any  other.  To  deal  with 
such  persons  (many  of  whom  are  comparatively  young  in 
years)  as  with  hardened  offenders,  or  to  put  them  into  the 
same  prisons  with  seasoned  criminals,  would  be  a  manifest 


STATE  INSTITUTIONS  155 

injustice  to  the  state  as  well  as  to  the  individual.  The 
object  of  criminal  law  and  punishment  is  the  correction 
of  the  fault  in  the  offender  —  that  is  to  say,  the  reformation 
of  the  criminal.  If  the  criminal  is  reformed,  the  state  is 
protected  and  life  and  property  become  permanently  secure. 
If  the  offender  is  not  reformed,  the  state  is  protected  just 
so  long  as  the  offender  is  locked  up,  and  when  he  is  again 
given  his  freedom  he  returns  to  prey  upon  life  and  prop- 
erty. With  some  such  ideal  as  this,  the  state  has  estab- 
lished reformatories  at  Elmira  and  Napanoch  for  men, 
and  at  Bedford  and  Albion  for  women,  an  agricultural  and 
industrial  school  for  boys  at  Industry,  and  one  for  girls 
at  Hudson.  These  institutions  are  governed  by  boards 
of  managers  appointed  by  the  governor,  usually  with  the 
consent  of  the  senate.  The  executive  officer  in  charge  of 
each  institution,  who  is  called  a  superintendent,  is  assisted 
by  a  corps  of  helpers,  teachers,  etc.  In  these  reformatories 
schools  are  maintained  and  trades  are  taught,  while  some 
have  farms  connected  with  them. 

State  Prisons.  In  the  treatment  of  our  criminal  class 
real  progress  has  been  made.  The  cruel  and  inhuman 
treatment  which  not  infrequently  resulted  in  the  death 
of  these  "  wards  of  the  state  "  has  in  the  main  passed 
into  history.  So  too  has  passed  the  striped  prison  garb, 
the  shaving  of  one  side  of  the  head  and  face  only,  and 
similar  badges  of  degradation.  More  and  more  will  be 
taught  to  these  people,  to  many  for  the  first  time,  the 
lesson  that  the  world  owes  no  one  anything  but  a  chance 
to  earn  an  honest  living,  to  do  a  day's  work,  and  enjoy 
the  full  fruits  of  one's  labor.  More  and  more  will  they 
be  taught  the  lesson  of  economy  as  a  part  of  prison  life, 
earning  there  by  honest  actual  labor  a  wage  which  has  a 
market  value,  receiving  their  full  pay  for  such,  and  with 


156     ACTUAL   GOVERNMENT  OF  NEW  YORK 

it  paying  for  their  clothing,  food,  and  shelter,  the  bal- 
ance to  be  placed  to  their  account  and  turned  over  to 
them  with  savings-bank  interest  when  their  terms  have 
expired,  and  all  to  be  done  while  attending  excellent 
schools,  learning  a  trade  or  the  elements  of  a  profession. 
Profitable  employment  under  agreeable  and  healthful  con- 
ditions and  surroundings  will  do  more  to  reduce  the 
criminal  class  than  all  else  besides.  To  accomplish  this 
reformation  in  the  criminal  and  therefore  afford  permanent 
protection  to  life  and  property  in  lieu  of  the  present  plan 
of  temporary  protection,  our  criminal  classes  must  be 
placed  in  the  keeping  of  highly  educated  humanitarians, 
men  and  women  who  have  made  penology  a  careful  study, 
and  who  are  neither  tyrants  nor  sentimentalists.  However, 
while  this  day  is  sure  to  come  in  the  evolution  of  society, 
it  has  not  yet  arrived,  and  while  many  steps  in  the  right 
direction  have  been  taken,  there  is  yet  a  long  road  to  travel. 
At  present  we  have  state  prisons  at  Dannemora  and  Mattea- 
wan  for  the  criminal  insane,  and  regular  prisons  at  Sing 
Sing,  Auburn,  and  Clinton.  Each  prison  is  in  charge  of  a 
warden,  and  there  is  a  resident  physician  and  clergyman. 
The  state  superintendent  of  prisons  is  appointed  by  the 
governor,  as  is  also  the  state  prison  commission  of  seven 
members.  The  state  maintains  a  probation  commission 
and  a  board  of  parole. 

Other  State  Activities.  By  no  means  has  the  list  of  the 
state  institutions  and  activities  been  exhausted.  A  few 
of  the  remaining  are  here  mentioned :  cancer  laboratory 
at  Buffalo  for  the  study  of  this  disease ;  Indian  school  at 
Iroquois ;  soldiers  and  sailors  home  at  Bath ;  Watkins 
Glen,  Niagara  Reservation  at  Niagara  Falls,  and  Fire 
Island  state  park  for  pleasure  seekers ;  national  guard 
(militia) ;     Onondaga    salt   springs   at   Syracuse ;     Indian 


STATE  INSTITUTIONS  157 

reservations  at  Allegany,  Cattaraugus,  Tonawanda,  Tus- 
carora,  and  for  the  tribe  of  Onondaga,  the  tribe  of  the 
St.  Regis  Indians,  and  the  Seneca  nation ;  state  board 
of  pharmacy,  board  of  embalming  examiners,  water- 
supply  commission,  department  of  weights  and  measures, 
state  printer,  canal  board,  and  numerous  other  boards  and 
commissions. 

The  state  also  maintains  a  nautical  school  which  gives 
practical  instruction  in  navigation  and  seamanship,  steam 
and  electrical  engineering,  a  part  of  which  is  given  on  the 
ship  Newport. 

QUESTIONS    ON   THE   TEXT 

1.  Upon  what  grounds  is  the  state  justified  in  educating 
teachers  for  the  public  schools  at  state  expense  through  normal 
schools  ? 

2.  What  is  the  object  of  the  state  in  maintaining  an  agricultu- 
ral and  a  veterinary  college?     Is  this  justifiable? 

3.  What  is  the  object  of  sending  people  to  prison?  Is  the 
object  the  same  in  sending  people  to  reformatories? 

4.  Give  reasons  why  an  unreformed  criminal  should  not  be 
given  his  liberty.  Is  this  an  argument  against  a  definite  term 
sentence  ? 

5.  Why  should  the  state  care  for  the  criminal  insane  in 
separate  institutions  for  the  insane?  Is  one  reason  humani- 
tarian ? 

6.  Is  the  state  justified  in  educating  the  blind  and  other 
deficients?     If  so,  on  what  grounds? 

7.  The  federal  government  pensions  all  soldiers  and  sailors 
who  served  in  the  Civil  War,  who  were  honorably  discharged. 
Why  should  the  state  establish  a  home  at  Bath  for  our  soldiers 
and  sailors  of  the  Civil  War?     Discuss  fully. 


158  ACTUAL  GOVERNMENT  OF  NEW  YORK 

TOPICS   FOR   DISCUSSION 

Resolved:  That  a  farm  of  at  least  500  acres  and  a  school  of 
agriculture  and  mechanic  arts  shall  form  a  part  of  the  equip- 
ment of  all  state  prisons  and  reformatories,  in  which  the  prisoners 
may  receive  instruction  and  perform  all  manual  labor  connected 
therewith. 

Resolved:  That  the  state  will  be  better  served  by  a  biennial 
session  of  the  legislature  limited  to  ninety  days. 

Resolved:  That  a  tax  of  not  less  than  one  per  cent  upon  the 
gross  earnings  of  corporations  operating  within  the  state  should 
be  paid  into  the  state  treasury  for  the  support  of  the  state 
government. 

Resolved :  That  a  graduated  inheritance  tax  should  be  placed 
upon  all  estates  above  $100,000  as  follows :  from  $100,000  to 
$500,000,  five  per  cent;  from  $500,000  to  $1,000,000,  ten  per 
cent ;  from  $1,000,000  to  $2,000,000,  twenty  per  cent,  and  fifty 
per  cent  for  all  estates  exceeding  $2,000,000;  the  funds  thus 
obtained  to  be  used  equally  in  defraying  the  expenses  of  the 
state  government,  the  improvement  of  prison  facilities,  good 
roads,  public  schools,  and  colleges. 


CHAPTER  XV 
SUFFRAGE:    HOW  AND  WHEN  EXERCISED 

Citizenship.  Citizenship  in  a  state  depends  upon  citizen- 
ship in  the  United  States.  All  persons  born  or  naturalized 
in  the  United  States,  and  subject  to  the  jurisdiction  thereof, 
are  citizens  of  the  United  States  and  of  the  state  wherein 
they  reside,  as  provided  by  the  Fourteenth  Amendment  to 
the  federal  constitution.  Any  foreigner,  twenty-one  years 
of  age,  a  male,  may  become  a  naturalized  citizen  of  the 
United  States,  (i)  by  living  five  years  in  the  United  States 
continuously,  one  of  which  years  must  be  lived  in  the  state 
where  naturalization  is  sought ;  (2)  by  making  oath  before 
a  court  of  record  (a  court  having  a  clerk  and  seal) ,  at  least 
two  years  before  being  admitted  to  citizenship,  that  it  is 
his  intention  to  become  a  citizen  and  to  renounce  forever  his 
allegiance  to  any  foreign  state  or  ruler  and  all  titles  or 
orders  of  nobility  which  he  may  possess ;  (3)  by  making  a 
formal  petition  in  due  form ;  and  (4)  by  making  oath  to 
support  the  constitution  of  the  United  States.  In  addi- 
tion to  all  this  the  judge  granting  the  certificate  of  citizen- 
ship must  be  convinced  by  at  least  two  witnesses  that  the 
applicant  is  desirable  and  a  believer  in  the  principle  of 
government  as  outlined  in  the  federal  constitution. 

Suffrage  a  Privilege.  The  right  to  vote  is  not  personal, 
belonging  to  every  citizen.  The  right  to  vote  is  purely 
political,  wholly  within  the  power  of  the  state  to  extend  or 
withhold  from  any  class  of  citizens.     The  United  States 

159 


160  ACTUAL  GOVERNMENT  OF  NEW  YORK 

constitution  establishes  a  uniform  standard  for  citizenship, 
but  each  state  regulates  the  matter  of  voting,  and  therefore 
we  have  as  great  variety  of  requirements  for  voting  as  the 
several  states  exhibit  in  other  matters  of  legislation.  If 
it  is  true  that  "  every  fault  of  popular  government  has 
its  origin  in  the  fault  of  the  voter,"  then  it  is  only  by  the 
expression  of  right  character  through  the  ballot  from  the 
primary  to  the  last  vote  for  president  that  "  liberty,  whose 
unvarying  price  is  eternal  vigilance,"  can  be  maintained. 
In  early  colonial  days  in  New  England  the  right  to  vote 
was  extended  to  church  members  only ;  later  the  right 
was  extended  to  all  property  owners ;  and  still  later,  to 
all  white  male  citizens  over  twenty-one  years  of  age. 
Several  states  have  extended  to  women  the  right  to  vote 
on  equal  terms  with  men.  The  safeguarding  of  the  ballot 
is  historic  and  right.  In  the  hands  of  the  vicious  and 
ignorant  it  is  a  weapon  for  the  destruction  of  human 
liberty ;  in  the  hands  of  the  thoughtful  and  patriotic,  it  is 
the  cure-all  for  most  of  the  ills  to  which  government  is 
heir.  Each  year  it  becomes  more  of  an  honor  to  be  an 
American  citizen,  and  each  year  we  should  do  our  part 
toward  making  our  inheritance  better. 

Who  may  Vote.  Any  man  or  woman  at  least  twenty-one 
years  of  age,  unconvicted  of  bribery  or  other  infamous  crime, 
who  has  been  a  citizen  of  the  United  States  for  ninety 
days,  a  resident  of  the  state  for  one  year,  of  the  county 
for  four  months,  and  of  the  election  district  for  thirty  days 
next  preceding  an  election,  may  vote  for  any  elective  officer. 
A  duly  qualified  voter  may  vote  for  all  officers  directly 
chosen  by  the  people  —  national,  state,  county,  town,  city. 
If  for  any  reason,  such  as  a  change  of  residence,  he  loses 
his  right  to  vote  for  any,  he  does  for  all.  Students,  sol- 
diers, sailors,  travelers,  etc.  do  not  lose  their  right  to  vote 


SUFFRAGE:    HOW  AND  WHEN    EXERCISED    161 

because  of  their  occupation,  and  may  return  to  their  homes 
just  before  any  election  and  vote. 

Party  Government  Recognized.  A  political  party  is  a 
group  of  persons  who  hold  the  same  general  opinions  upon 
public  questions  and  matters  of  administration  generally. 
Hence  organization  for  the  purpose  of  putting  those  beliefs 
into  practice.  We  shall  always  have  political  parties. 
The  state  recognizes  and  to  a  considerable  extent  regulates 
them.  The  state  law  provides  that  every  political  organ- 
ization casting  a  certain  number  of  votes  for  governor  (at 
present  10,000)  shall  be  known  as  a  political  party.  The 
state  also  provides x  that  the  enrollment  of  party  voters  shall 
take  place  under  the  direction  of  the  public  inspectors  of 
election,  at  the  times  and  places  provided  for  the  registra- 
tion of  voters  for  the  public  elections.  Party  primaries,  to 
insure  fairness,  are  also  conducted  under  the  direction  of 
the  same  public  inspectors.  In  order  to  prevent  fraud  at 
elections,  all  qualified  voters  residing  in  cities  and  villages 
of  5000  or  more  inhabitants  are  required  to  appear  in 
person  and  register,  that  is,  give  their  names  and  addresses 
in  full.  These  are  written  down  in  a  book,  each  party 
keeping  a  correct  copy.  In  rural  districts  registry  lists 
are  made  out  without  requiring  each  voter  to  appear  in 
person.  For  town  and  village  elections  no  registration  is 
required,  unless  these  elections  fall  at  the  time  of  the  gen- 
eral elections.  Party  workers  see  to  it  that  their  members 
attend  to  registration. 

Elective  Officers  and  Election  Districts.  For  election 
purposes  the  state  is  divided  into  about  4600  primary  dis- 
tricts. Sometimes  these  districts  are  created  solely  for 
election  purposes;  sometimes  divisions  already  existing  for 
other  purposes  are  used  also  as  election  districts.     Certain 

1  See  latest  edition  of  the  Election  Laws  for  New  York  State. 


1 62   ACTUAL  GOVERNMENT  OF  NEW  YORK 

officers  are  elected  by  the  people  of  the  whole  state,  so  that 
for  this  election  the  whole  state  may  be  said  to  form  a 
single  election  district.  Officers  thus  chosen  are  the  gov- 
ernor, lieutenant  governor,  comptroller,  attorney-general, 
secretary  of  state,  treasurer,  state  engineer  and  surveyor, 
and  judges  of  the  court  of  appeals.  The  largest  election 
districts  within  the  state  are  the  judicial  districts,  nine  in 
number,  for  the  election  of  supreme-court  justices  (see  map, 
p.  105).  In  addition  to  these  there  are  forty-three  congres- 
sional districts  for  the  election  of  members  of  Congress  (see 
map,  p.  105),  fifty-one  senatorial  districts  for  the  election 
of  state  senators  (see  map,  p.  87),  one  hundred  and  fifty 
assembly  districts  for  the  election  of  assemblymen  (see  map, 
p.  87),  two  hundred  seven  supervisory  districts  for  schools, 
and  about  10,592  common-school  districts.  There  are  also 
sixty-two  counties  in  the  state,  which  form  election  districts 
for  the  election  of  county  officers,  and  which  are  subdivided 
into  towns,  or  into  towns,  villages,  and  cities,  each  with  its 
own  officers  to  elect.  Not  all  of  these  officers  are  voted 
for  at  any  single  election. 

Time  of  Elections.  Congress  has  fixed  by  federal  law 
that  the  time  for  choosing  members  of  Congress  in  all 
states  shall  be  the  first  Tuesday  after  the  first  Monday  in 
November  of  the  even-numbered  years  (see  Chapter  XIX, 
p.  210),  and  this  date  has  been  adopted  by  the  state  for 
the  general  state  election  held  annually.  At  this  election 
are  chosen,  whenever  necessary  to  fill  offices  about  to 
become  vacant,  state  and  county  officers,  state  senators 
and  asse*mblymen,  judges  of  the  supreme  court  and  of 
the  court  of  appeals,  members  of  Congress,  and  presi- 
dential electors.  Town,  city,  and  village  elections  are  held 
separately.  Town  officers  are  chosen  at  town  meetings 
(pp.  17-25),  which  are  required  by  law  to  be  held  the  first 


SUFFRAGE:    HOW  AND   WHEN  EXERCISED     163 

Tuesday  in  February,  unless  the  board  of  supervisors  shall 
change  the  time.1  Cities  of  the  first  and  second  classes 
are  required  to  hold  their  election  in  the  odd-numbered 
years,  at  the  time  of  the  general  election  in  November, 
the  object  being  to  separate  municipal  from  state  and 
national  elections.  Cities  of  the  third  class  and  villages 
usually  elect  their  officers  at  a  separate  election  in  the 
spring,  although  some  cities  of  the  third  class  have  se- 
cured special  legislation  permitting  them  to  hold  their 
charter  elections  in  November. 

Election  Expenses.  A  party's  campaign  fund  is  derived 
from  voluntary  contributions,  which  ought  to  be  made  only 
for  patriotic  reasons.  Candidates  and  parties  may  incur 
legitimate  expenses  —  for  example,  traveling,  telephone,  tele- 
graph, and  messenger  service,  the  distribution  of  circulars, 
the  holding  of  public  meetings.  Large  sums  have  been 
corruptly  raised  and  corruptly  spent  in  determining  elec- 
tions. To  check  this  evil  the  law  now  applies  the  remedy 
of  publicity  by  requiring  that  all  candidates,  except 
for  town  and  village  offices,  shall  make  statements  of 
their  election  expenses ;  and  that  the  treasurer  of  each 
political  committee  shall  likewise  make  a  statement  of 
campaign  receipts  and  expenditures.  These  statements 
are  filed  with  the  secretary  of  state  and  are  open  to 
public  inspection.  Publicity  tends  to  correct  evils  of  this 
nature. 

The  Convention  Plan  of  Choosing  Candidates.  The 
convention  system  of  choosing  candidates  for  political 
office  was  discontinued  by  the  passage  of  the  primary 
election  law  of  1911.  Until  then  the  voters  in  each 
political  party  met  in  a  caucus  in  each  election  district 
and  selected  certain  of    their  number    to   represent   the 

1  See  Revised  Statutes,  p.  4089.   This  date  has  been  changed  (see  p.  17). 


1 64   ACTUAL  GOVERNMENT  OF  NEW  YORK 

district  in  a  convention  of  their  party,  where  candidates  to 
be  voted  for  at  the  November  election  were  chosen.  For 
each  political  party  there  was  a  series  of  these  conven- 
tions, —  county,  assembly,  state  senate,  judicial,  con- 
gressional, and  the  whole  state,  —  each  charged  with 
the  responsibility  of  selecting  the  party's  candidates  for 
the  district  concerned.  It  was  thought  that  this  plan 
would  result  in  a  choice  of  stronger  men  than  would  be 
the  case  if  the  choice  were  left  to  the  less  deliberative  mass 
of  voters,  and  that  this  plan  placed  responsibility  for 
party  success  or  failure,  and  for  defining  the  real  issues 
of  the  campaign.  The  disadvantages  of  the  convention 
plan  were  that  a  small  body  of  men  could  be  more  easily 
influenced  by  corrupt  agencies ;  that  the  individual  voter 
should  not  be  relieved  of  his  responsibility  in  the  choice  of 
candidates ;  and  that  no  person  should,  as  frequently 
happened  under  the  plan,  be  denied  the  privilege  of 
becoming  a  candidate  within  his  party  for  any  office  for 
which  he  considered  himself  fit. 

The  Primary  Plan  of  Choosing  Candidates.  All  can- 
didates for  office  are  nominated  in  the  primary  election 
(except  independent  nominations  by  petition).  To  se- 
cure one's  name  on  the  primary  ballot  it  is  first  necessary 
to  secure  a  blank  form  from  the  commissioners  of  election 
and  obtain  the  required  number  of  signatures  of  voters  of 
the  party.  This  done,  the  name  is  placed  upon  the  pri- 
mary ballot,  together  with  the  names  of  all  other  candidates 
for  the  same  office  in  the  same  party.1  There  is  but  one 
primary  election,  in  which  all  parties  participate.  To  dis- 
tinguish the  different  parties  in  this  primary  a  different- 
colored  ballot  is  used  for  each,  the  color  being  designated 
by  the  secretary  of  state.     From  the  list  of  candidates  the 

1  For  sample  primary  ballot,  see  p.  169. 


SUFFRAGE:    HOW  AND   WHEN  EXERCISED     165 

voter  indicates  his  choice  by  making  a  cross  (X)  with 
a  black-lead  pencil  opposite  one  name  for  each  office. 
Those  receiving  the  largest  vote  in  the  primary  become 
the  candidates  of  their  party.  Nomination  by  petition 
occurs  whenever  the  party  interested  is  not  satisfied  with 
the  results  of  the  primary  election.  In  order  to  secure  a 
nomination  independent  of  all  parties,  the  candidate  must 
secure  the  signatures  of  at  least  five  per  cent  of  the  voters, 
and  designate  an  emblem  to  be  printed  before  his  name. 
His  name  is  then  placed  upon  the  ballot,  which  goes  before 
the  voters  at  the  general  election,  with  the  names  of  those 
nominated  at  the  primary. 

Importance  of  the  Primary.  No  scheme  of  government 
is  any  better  or  stronger  than  the  men  chosen  to  carry  it 
into  effect.  One  plan  may  be  better  than  another,  but 
any  plan  will  result  in  good  government  if  the  men  chosen 
to  administer  it  are  trustworthy  and  capable ;  and  any 
form  of  government,  however  excellent,  will  result  unsatis- 
factorily to  the  people  without  such  men  to  administer  it. 
Therefore  the  voter's  greatest  responsibility  in  the  cause 
of  good  government  is  the  faithful  performance  of  his  duty 
in  the  selection  of  strong  and  capable  men  as  candidates 
for  office  through  the  primary.  Remaining  away  from 
the  general  election  does  the  cause  of  good  government 
less  harm  than  remaining  away  from  the  primary.  By 
discriminating  in  the  matter  of  signing  nominating  peti- 
tions, and  by  a  careful  study  of  the  men  finally  placed  upon 
the  primary  ballot,  the  individual  voter  has  it  completely 
within  his  power  to  determine  the  kind  of  men  we  shall 
have  for  the  administration  of  our  affairs  in  local,  state, 
and  national  government.  Whether  we  shall  have  honest 
and  efficient  public  officials  or  the  opposite  is  squarely  up 
to  the  individual  voter. 


1 66  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Supervision  of  Elections.  The  election  machinery  of 
the  state  is  under  the  supervision  of  three  superintendents 
of  election  (see  footnote,  p.  122).  These  ^state  superin- 
tendents are  assisted  by  three  chief  deputies  and  by 
four  hundred  deputies  of  their  own  choosing,  scattered 
throughout  the  state,  and  by  a  host  of  lesser  officials. 
Prior  to  191 1  the  county  clerk  had  charge  of  all  election 
matters  within  the  county.  The  present  law  provides  for 
an  election  board  of  from  two  to  four  commissioners, 
chosen  by  the  board  of  supervisors  (in  New  York  City 
by  the  board  of  aldermen)  from  different  political  parties, 
at  salaries  of  from  $1000  to  $3000  according  to  the  popu- 
lation of  the  county,  except  in  New  York  City,  where  the 
salary  is  $5000  per  year.  This  election  board  has  charge 
of  all  local  election  matters,  subject  to  the  state  superin- 
tendents of  election.  The  town  board  (see  p.  24)  appoints 
four  inspectors  of  election  in  each  district  from  the  same 
political  parties  represented  by  the  commissioners  of  elec- 
tion. These  inspectors  choose  two  poll  clerks  and  two  ballot 
clerks,  one  of  each  from  the  political  parties  which  they 
represent.  In  New  York  City  all  appointments  are  made 
by  the  board  of  elections ;  in  other  cities,  by  the  mayors. 

How  to  Register.  In  cities  and  villages  of  5000  or  more 
inhabitants  the  individual  voter  must  appear  in  person 
before  the  board  of  inspectors  of  election  on  the  days  set 
Tor  registration,  and  establish  the  facts  mentioned  on  p.  160. 
In  villages  of  less  than  5000  inhabitants  and  in  rural  dis- 
tricts, those  whose  names  appear  upon  the  last  election  roll, 
and  those  whom  the  inspectors  know  to  have  become  voters 
since  the  last  election  (for  example,  young  men  becoming 
twenty-one  years  old),  may  be  duly  registered  for  the  coming 
election  without  appearing  before  the  board  of  inspectors. 
All  others  must  appear  in  person.     Each  registered  voter 


SUFFRAGE:    HOW  AND   WHEN  EXERCISED     167 

is  qualified  to  vote  in  the  primary  election  for  the  nomina- 
tion of  candidates  for  the  various  offices  to  represent  the 
political  party  of  his  choice  in  the  coming  general  election ; 
and  on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber he  presents  himself  at  the  polling  place  in  his  district, 
where  he  will  be  asked  his  name  and  address  and  will  be 
required  to  write  his  name  in  the  poll  book  (the  book  in 
which  the  record  of  those  voting  is  kept) ;  then,  if  every- 
thing appears  to  be  all  right,  he  is  allowed  to  pass  behind 
the  curtain  of  the  voting  machine,  or  into  the  voting 
booth  if  a  machine  is  not  used. 

Voting  by  Ballot.  All  officers  are  chosen  by  ballot  or 
by  some  method  of  secret  voting,  unless  the  law  specifies 
to  the  contrary.  The  usual  methods  of  voting  are  by 
means  of  the  Australian  ballot  or  of  the  voting  machine. 
The  voting  places,  or  polls,  are  in  charge  of  local  officers 
known  as  inspectors  of  election.  Where  the  Australian 
ballot  is  used,  the  voter  is  given  a  single  ballot,  or  sheet  of 
paper,  upon  which  are  printed  the  names  of  all  the  candi- 
dates who  have  been  duly  nominated.  These  names  are 
arranged  in  successive  columns  according  to  the  offices  to 
be  filled.  Each  name  is  preceded  by  the  party  emblem 
and  a  blank  square,  and  followed  by  the  name  of  the  party. 
The  voter  takes  this  ballot  to  a  booth  (a  small  room), 
and  there  makes  a  cross  with  a  "  pencil  having  black 
lead  "  1  in  the  square  before  the  name  of  each  person  for 
whom  he  wishes  to  vote.  Finally,  if  the  voter  wishes  to 
vote  for  candidates  whose  names,  do  not  appear  upon  the 
official  ballot,  a  blank  in  each  column,  where  he  can  write 
their  names,  is  provided  for  the  purpose.  When  he  has 
marked  his  ballot,  he  returns  it,  properly  folded,  to  the 
inspector,  who  first  tears  off  the  stub  and  then  deposits 

1  See  latest  edition  of  the  Election  Laws  for  New  York  State. 


1 68  ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  voted  ballot  in  one  box,  the  stub  in  another.  The 
stub  of  the  ballot  has  the  same  number  as  the  name  of 
the  voter  on  the  poll  list ;  the  ballot  itself  is  not  numbered. 
When  a  man  has  voted,  his  name  is  checked  off  from  the 
registration  list  by  the  poll  clerks. 

Voting  by  the  Machine.  The  method  of  voting  by  the 
machine  is  very  similar  to  that  of  voting  by  ballot.  The 
voter  enters  a  booth,  which  is  a  part  of  the  machine. 
The  face  of  the  machine  bears  the  names  of  the  candidates  to 
be  voted  for,  arranged  in  parallel  columns  according  to  their 
respective  political  parties.  Beside  each  name  is  a  small 
lever.  The  voter  pulls  down  the  levers  opposite  the  names 
until  they  point  to  the  names  of  the  candidates  who  repre- 
sent his  choice.  If  he  wishes  to  vote  for  candidates  whose 
names  do  not  appear,  blanks  are  provided  on  which  he  may 
write  their  names.  By  an  ingenious  mechanism  the  pull- 
ing down  of  one  lever  locks  all  others  for  that  office,  so 
that  it  is  impossible  to  vote  for  more  than  one  candidate 
for  the  same  office.  Upon  the  voter's  leaving  the  booth, 
the  machine  registers  his  vote  and  the  total  vote,  and  sets 
all  levers  for  the  next  voter. 

The  Counting.  All  voting  must  cease  at  five  o'clock, 
and  the  votes  must  be  counted  by  the  inspectors,  the  room 
remaining  open  to  the  public  meanwhile.  The  chairman  of 
the  board  of  inspectors  immediately  announces  the  result 
publicly,  after  which  are  made  three  certified  copies,  specify- 
ing the  number  of  votes  cast  for  each  county  officer  and 
each  state  officer.1  One  of  these  certificates  is  sent  to  the 
supervisor,  one  to  the  town  or  city  clerk,  and  one  to  the 
county   clerk,  together  with   the   stubs  and  the  unvoted 

1  No  certificates  are  made  for  town,  city,  village,  or  school  elections  held 
at  a  different  time  from  the  general  election.  New  York  City  acts  under 
special  law. 


i.   To  vote  for  a  candidate  on  this  ballot  make  a  cross  X  mark  in  one  of  the  squares  or  in 
the  place  at  the  left  of  his  name. 

2.  To  vote  for  a  candidate  not  on  this  ballot  write  his  name  in  a  blank  space  under  the 
candidates  for  that  office. 

3.  Mark  only  with  a  pencil  having  black  lead. 

4.  Any  other  mark,  erasure  or  tear  on  the  ballot  renders  it  void. 

5.  If  you  tear,  or  deface,  or  wrongly  mark  this  ballot,  return  it  and  obtain  another. 


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Sample  Australian  Ballot  used  in  New  York  State, 
November,  1914 


169 


170   ACTUAL  GOVERNMENT  OF  NEW  YORK 

ballots.  After  six  months  the  voted  ballots  are  destroyed. 
The  supervisors  of  the  county  meet  as  a  county  board  of 
canvassers  on  the  Tuesday  immediately  following  election, 
and  ascertain,  from  the  reports  sent  in  by  the  towns,  who 
have  been  elected  to  county  offices  and  the  vote  of  the 
county  for  state  offices.  The  supervisors  make  three 
certificates  stating  the  results  of  the  returns  from  their 
counting,  and  send  one  to  the  governor,  one  to  the  secretary 
of  state,  and  one  to  the  comptroller.  The  secretary  of 
state  summons  the  attorney-general,  the  state  treasurer, 
the  comptroller,  and  the  state  engineer  and  surveyor  to 
meet  him  in  Albany  on  or  before  December  15.  This 
body  constitutes  the  state  board  of  canvassers.  At  this 
meeting  the  county  returns  are  gone  over  and  the  result  of 
the  voting  for  state  officers  is  officially  announced.  A 
plurality  only  is  necessary  for  election  to  any  office. 

QUESTIONS    ON   THE   TEXT 

1.  Who  are  qualified  to  vote  in  this  state? 

2.  Give  the  constitutional  qualifications  of  a  voter,  and  show 
the  importance  of  these  qualifications. 

3.  What  are  the  essential  provisions  of  the  constitution  in 
regard  to  bribery  of  voters  and  bets  on  the  result  of  an  election  ? 

4.  Give  the  substance  of  the  provision  of  the  constitution  re- 
garding registration  of  voters.    Give  the  reason  for  this  provision. 

5.  When  is  the  general  election  held  in  this  state?     Mention 
the  chief  provisions  for  securing  an  honest  ballot. 

6.  What   national   and   state  officers  will  be  chosen  in  the 
coming  November  election?     Give  the  complete  list. 

7.  Describe   the   process   of  choosing  a  governor,  from  the 
primary  to  the  final  result. 

8.  What  are  the  advantages  and  disadvantages  of  the  present 
mode  of  voting  in  this  state  over  that  which  formerly  prevailed  ? 


CHAPTER  XVI 

STATE  FINANCES 

State  Budget.  It  will  be  seen,  from  a  study  of  the  activi- 
ties of  the  state,  the  various  administrative  departments, 
boards,  and  commissions,  that  the  state  is  very  much  in  need 
of  funds.  From  an  estimate  furnished  by  each  of  these 
departments  the  legislature  determines  the  amount  of  money 
needed  to  conduct  the  state's  business  for  the  year.  This 
is  called  a  budget,  and  the  appropriations  bill  specifies  in 
detail  the  amount  of  salaries,  traveling  expenses,  furniture, 
general  maintenance,  etc.,  concerning  the  state  departments 
and  institutions.     This  bill  is  enacted  into  law. 

Sources  of  Revenue.  The  state  has  various  sources  of 
revenue.  The  principal  sources  (in  191 5 *)  and  their  relative 
values,  are  taxes  upon  corporations,  amounting  to  $11,634,- 
000.84;  upon  inheritance,  amounting  to  $11,163,478.40; 
liquor  tax,  amounting  to  $9,360,099.31 ;  stock- transfer  tax, 
amounting  to  $2,056,687.06;  mortgage  tax,  amounting  to 
$1,390,746.98;  and  the  tax  on  motor  vehicles,  amounting 
to  $1,528,220.73.  All  property  may  be  taxed  by  the  state 
unless  exempted  by  state  law,  but  for  several  years  there 
has  been  practically  no  direct  state  property  tax  other  than 
that  which  is  required  to  meet  the  state  debt.  New  York's 
location  makes  it  a  very  desirable  base  for  corporate  ac- 
tivity, and  since  these  corporations  enjoy  protection  and 

1  See  Legislative  Manual,  1915  edition,  p.  711. 
171 


172   ACTUAL  GOVERNMENT  OF  NEW  YORK 

benefits  from  the  state  laws,  the  state  feels  that  they  should 
contribute  to  the  expenses  of  the  government.  It  should  be 
understood,  however,  that  such  payment  of  legitimate  taxes 
is  not  to  give  such  corporations  any  advantage  in  admin- 
istrative or  legislative  matters. 

Apportionment  of  Taxes.  After  the  state  has  decided 
upon  the  amount  needed  for  the  year,  and  the  county 
equalization  of  assessed  valuation  has  been  completed  by 
the  state  board  of  equalization,  the  comptroller  apportions 
to  each  county  its  share  of  the  state  tax  and  certifies  the 
same  to  the  board  of  supervisors  in  each  county.  The 
board  of  supervisors  has  previously  acted  as  a  county 
board  of  equalization  in  equalizing  the  assessed  valuation 
of  each  town.  To  the  state  tax  is  added  the  necessary 
county  tax,  which  total  tax  is  divided  among  the  towns 
and  cities.  To  the  town's  or  city's  share  of  the  state 
and  county  tax  is  added  the  town  or  city  tax,  and  this 
grand  total  is  the  sum  to  be  raised.  The  total  assessed 
valuation  of  property  forms  the  base,  the  tax  to  be  raised 
forms  the  percentage;  dividing  the  percentage  by  the  base 
gives  the  rate  of  the  taxation,  or  the  sum  to  multiply  each 
person's  assessment  by  to  determine  the  amount  of  his 
tax.  When  the  total  tax  is  collected,  the  superintendents 
of  highways  receive  the  moneys  voted  for  the  improvement 
of  roads  and  bridges,  the  superintendent  of  the  poor  the 
moneys  voted  for  the  care  of  the  poor,  the  supervisor  the 
money  for  the  town  expenses,  the  city  treasurer  the  money 
for  the  city  government,  and  the  balance  is  turned  over 
to  the  county  treasurer.  The  county  treasurer  pays  over 
to  the  comptroller  the  state's  share  of  the  money  thus 
received,  and  from  the  county's  share  such  charges  against 
the  county  as  have  been  duly  authorized.  The  comptroller 
and  the  county  treasurer  may  sell  real  property  on  which 


STATE   FINANCES  173 

the  taxes  are  unpaid,  and  the  local  authorities  in  cities 
may  do  the  same  for  the  collection  of  unpaid  city  taxes. 
If  the  delinquents  pay  their  taxes  and  the  costs  involved 
in  the  sale,  they  may  recover  their  property. 

Tax  Districts.  The  state  is  divided  into  tax  districts, 
which  are  usually  the  same  as  a  town  or  city  as  to  terri- 
tory. In  each  of  these  districts  three  assessors  are  elected 
by  the  people  if  the  district  is  a  town,  and  are  either 
elected  or  appointed  in  a  city.  These  assessors  place  a 
value  upon  all  real  property  (houses  and  lands),  and 
upon  all  personal  property  (that  is,  movable  property)  if 
the  amount  can  be  ascertained.  This  valuation  is  entered 
in  a  book  opposite  the  owner's  name,  and  the  resulting  list 
of  names  and  property  values  constitutes  the  assessment 
roll.  If  any  person  is  dissatisfied  with  the  value  assigned 
his  property,  he  may  appear  before  the  assessors  on  griev- 
ance day,-  a  day  set  for  the  purpose  of  adjusting  differences, 
and  try  to  get  a  satisfactory  valuation  by  swearing  off 
his  assessment ;  that  is,  by  making  oath  that  he  has  been 
overassessed.  If  he  cannot  get  satisfaction  in  this  manner, 
he  may  appeal  to  the  board  of  supervisors  for  their  decision. 
The  assessment  roll,  when  completed,  is  sent  to  the  town 
or  city  clerk.  When  the  board  of  supervisors  meets  in 
annual  session,  the  assessment  roll  of  each  tax  district  is 
taken  before  it  and  carefully  examined.  When  examining 
the  assessment  rolls,  the  board  of  supervisors  acts  as  a 
county  board  of  equalization  and  has  power  to  change  the 
assessed  valuation  of  the  real  property  of  any  tax  district, 
with  a  view  to  producing  a  just  relation  of  assessment  in 
the  several  districts.  The  board  has,  however,  no  au- 
thority to  change  the  total  assessment  of  the  county.  In 
much  the  same  manner  the  state  board  of  equalization  meets 
annually  at  Albany  to  adjust  the  balance  between  county 


174  ACTUAL  GOVERNMENT  OF  NEW  YORK 

assessments,  working  from  data  furnished  by  the  state 
tax  commissioners,  who  are  in  a  way  state  assessors. 

Tax  Defined.  A  tax  is  a  sum  of  money  or  definite  service 
lawfully  taken  from  the  people  by  the  federal,  state,  county, 
or  local  government  for  its  support.  This  right  of  the 
state  is  called  eminent  domain,  which  means  that  the  state 
reserves  to  itself  the  right  to  appropriate  private  property 
for  the  public  good  after  giving  a  just  compensation.  In- 
asmuch as  we  choose  the  officers  who  levy  our  taxes,  and 
since  we  determine  the  kind  of  government  we  want  and 
the  officers  to  administer  it,  we  ought  cheerfully  to  pay  our 
taxes,  which  is  a  kind  of  insurance  paid  for  the  security  of 
our  persons,  our  property,  and  our  education. 

QUESTIONS   ON   THE   TEXT 

1.  How  is  the  state  budget  made  up ?     How  is  it  authorized? 

2.  Mention  the  sources  of  the  state's  revenues  for  current 
expenses.     How  are  taxes  distributed  after  collection? 

3.  For  what  purpose  does  the  state  lay  a  direct  property 
tax  ?  May  it  lay  a  property  tax  for  current  expenses  of  govern- 
ment? 

4.  After  the  state  budget  has  been  determined,  who  deter- 
mines what  each  county's  share  is?     To  whom  does  he  report? 

5.  How  is  the  tax  rate  determined  ?     What  is  a  tax  ? 

6.  What  is  a  tax  district  ?     Why  are  taxes  necessary  ? 

7.  What  are  the  duties  of  the  state  board  of  equalization? 
of  the  county  board  of  equalization?  By  what  other  name 
is  the  county  board  called  when  doing  other  work? 


STATE   FINANCES 


175 


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Sec'y  of  Treas. 

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Governor 

Sec'y  of  state 

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surveyor 

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Com'rs  of  charities 

Railroad  com. 

B'd  of  equalizat'n 
Regents  and  com'r 

of  education 
Supt.  of  pub.  w'ks 

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App.  division  of 
supreme  court 
Supreme  court 

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Sheriff 
County  clerk 
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County  court 
County  court 

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PART    III.     THE    FEDERAL    GOVERNMENT 
CHAPTER  XVII 

THE    CONSTITUTION:    ITS    FORMATION    AND    ADOPTION 

Condition  of  Affairs  under  the  Articles  of  Confederation. 

The  course  of  events  from  1781  to  1787  proved  the  impos- 
sibility of  government  under  the  articles.  So  long  as  the 
war  lasted,  the  states  could  not  help  seeing  that  their  only 
safety  lay  in  union,  and  they  were  following  the  dictates  of 
the  merest  self-interest  in  sending  to  Congress  their  ablest 
men  and  in  granting  to  that  body,  however  grudgingly,  the 
necessary  means  for  conducting  the  government.  As  the 
fierceness  of  the  struggle  abated,  however,  the  necessity  for 
union  was  no  longer  so  keenly  felt.  State  interests  loomed 
larger  and  larger ;  federal  interests  dwindled.  The  most 
distinguished  statesmen  no  longer  sat  in  the  federal  leg- 
islature ;  their  talents  were  demanded  at  home  for  the 
solution  of  difficult  problems  of  state  government;  so 
that  the  national  legislature,  given  by  the  Articles  of 
Confederation  no  means  of  providing  for  its  own  needs  and 
left  wholly  dependent  upon  the  good  will  of  the  states, 
soon  found  itself  deprived  of  even  such  power  of  persuad- 
ing the  states  as  it  had  possessed  through  the  pressure  of 
the  war  and  the  personal  influence  of  its  members. 

Attitude   of   the    States..  Gradually   the   states,   having 
withdrawn  from  the  service  of  the  federal  government  its 

176 


177 


178   ACTUAL  GOVERNMENT  OF  NEW  YORK 

best  ability,  assumed  toward  it,  if  not  an  attitude  of  actual 
defiance,  at  best  one  of  distrust  or  indifference.  More  than 
once,  whether  through  indifference  or  a  more  active  senti- 
ment, they  made  it  impossible  for  Congress  to  proceed  to 
business  at  the  proper  time  by  failing  to  send  delegates  from 
enough  states  to  transact  important  business  or  to  settle 
important  questions.  National  appeals  for  money  many 
of  the  states  simply  disregarded,  so  that  between  1782  and 
1 786  Congress  obtained  only  about  one  sixth  of  the  amount 
asked  for.  Threats  of  secession  were  heard  from  more 
than  one  quarter,  and  even  overt  acts  of  defiance  were  not 
unknown. 

The  Feeling  between  the  States  was  no  better  than  that 
between  the  national  government  and  the  states.  Ques- 
tions of  trade  involved  them  in  continual  quarrels.  New 
England  sought  to  secure  a  virtual  monopoly  of  the  carry- 
ing trade  by  demanding  the  exclusion  of  British  vessels  —  a 
demand  to  which  the  Southern  states  would  not  accede. 
States  without  seaports  were  forced  to  pay  tolls  to  their 
more  fortunate  neighbors  through  whose  ports  their  goods 
were  received.  Interstate  tariffs  grew  up  wherever  con- 
ditions favored  them,  and  tariff  wars  provided  a  constant 
source  of  irritation.  Between  the  East  and  the  West,  also, 
there  was  a  clash  of  interests.  The  East  desired  com- 
mercial intercourse  with  Spain  and  the  Spanish  colonies, 
which  that  country  was  willing  to  grant  in  return  for  the 
surrender  by  the  United  States  of  the  right  to  free  naviga- 
tion of  the  Mississippi,  which  now  flowed  for  two  hundred 
miles  through  Spanish  territory ;  and  a  considerable  por- 
tion of  Congress  was  willing  to  negotiate  a  treaty  on  this 
basis.  To  this  surrender,  however,  the  people  of  the  West, 
particularly  those  of  Kentucky  and  what  is  now  Ten- 
nessee, were  unalterably  and  vehemently  opposed.     Bitter 


CONSTITUTION:    FORMATION  AND   ADOPTION     179 

discussion  between  East  and  West  followed,  and  threats  of 
secession  were  heard  on  both  sides ;  but  the  project  was 
finally  abandoned.  Even  within  the  states  troubles  were 
rife.  Financial  distress,  which  large  issues  of  paper  money 
had  only  intensified,  was  everywhere  apparent,  and  was 
leading  in  some  cases  to  armed  rebellion  on  the  part  of  the 
debtor  class. 

The  General  Government  Helpless.  Meantime  the  gen- 
eral government,  compelled  to  stand  helplessly  by,  alike 
incapable  of  relieving  the  internal  distress  of  the  states,  of 
adjusting  interstate  disputes,  or  of  extricating  the  nation 
from  its  difficulties,  was  regarded  by  foreign  nations  with 
scorn  or  indifference.  It  was  not  without  justification 
that  the  French  minister  wrote,  in  1784,  that  there  was  no 
general  government  in  the  country ;  nor  was  it  strange 
that  the  commission  appointed  that  year  to  conclude 
treaties  with  foreign  nations,  and  consisting  of  men  so 
able  and  persuasive  as  John  Adams,  Franklin,  and  Jeffer- 
son, should  have  been  able  to  induce  only  one  foreign  coun- 
try to  enter  into  treaty  relations  with  the  Confederation. 
By  1786  the  feeling  had  become  general  that  nothing 
short  of  a  thoroughgoing  revision  and  amendment  of 
the  Articles  of  Confederation  could  remedy  the  existing 
evils. 

Suggestions  for  Amendment.  The  suggestion  that  the 
articles  be  amended  was  by  no  means  new.  In  1781,  even 
before  all  the  states  had  ratified  them,  it  had  been  pro- 
posed that  Congress  should  be  given  power  to  raise  revenue 
by  levying  import  duties  to  the  extent  of  five  per  cent  ad 
valorem.  The  proposition  was  discussed  for  a  year,  but  was 
finally  defeated  by  the  refusal  of  Rhode  Island  to  agree  to 
the  arrangement.  In  1783  the  project  was  revived  and  a 
similar  proposition  was  made,  but  with  more  limitations 


180   ACTUAL  GOVERNMENT  OF  NEW  YORK 

upon  Congress,  only  to  meet  defeat  again,  this  time  at 
the  hands  of  New  York.  Two  years  later  Massachusetts 
instructed  her  delegates  in  Congress  to  propose  a  general 
revision  of  the  articles ;  but  nothing  came  of  this 
suggestion,  and  the  convention  which  finally  met  for  that 
purpose  in  1787,  and  ended  by  framing  an  entirely  new 
constitution,  originated  in  a  different  way. 

Origin  of  the  Constitutional  Convention.  The  Constitu- 
tional Convention  grew  out  of  an  attempt  on  the  part  of 
a  few  of  the  states  to  reach  some  sort  of  agreement  in  com- 
mercial matters.  In  1785  a  commission  from  Maryland 
and  Virginia  met  at  Alexandria  for  the  purpose  of  adjust- 
ing, if  possible,  the  differences  between  those  states  in 
regard  to  the  navigation  of  the  Potomac  River  and  the 
Chesapeake  Bay.  Before  the  commission  broke  up,  the 
Virginia  delegates  proposed  that  a  similar  commission, 
composed  of  delegates  from  all  the  states,  should  meet  at 
Annapolis  for  the  purpose  of  discussing  trade  relations 
throughout  the  country.  The  proposition  was  favorably 
received,  and  the  following  year,  1786,  occurred  the  An- 
napolis Convention. 

The  Annapolis  Convention.  When  the  delegates  as- 
sembled at  the  appointed  time,  it  was  found  that  repre- 
sentatives were  present  from  five  states  only,  though  a  few 
others  were  on  the  way.  Writh  so  incomplete  a  represen- 
tation of  the  Confederation  it  was  useless  to  attempt  to 
proceed  with  the  business  for  which  the  convention  had 
been  summoned,  but  such  discussions  as  occurred  revealed 
the  existence  of  a  general  sentiment  in  favor  of  the  revision 
of  the  Articles  of  Confederation.  Accordingly,  without 
awaiting  the  arrival  of  the  tardy  delegates,  those  present, 
before  adjourning,  passed  a  resolution  recommending  a  con- 
vention of  delegates  from  all  the  states  "  to  devise  such 


CONSTITUTION:    FORMATION  AND  ADOPTION    181 

further  provisions  as  shall  appear  to  them  necessary  to 
render  the  constitution  of  the  federal  government  ade- 
quate to  the  exigencies  of  the  union."  This  resolution  was 
transmitted  to  Congress  and  to  the  state  legislatures,  but 
it  was  not  until  five  states  had  already  appointed  delegates 
to  the  new  convention  that  Congress  approved  it  and 
recommended  its  adoption  by  the  states.  Thereupon  the 
rest  of  the  states,  with  the  exception  of  Rhode  Island, 
promptly  adopted  the  recommendation  of  Congress  and 
appointed  their  delegates. 

The  Constitutional  Convention.  The  fourteenth  of  May, 
1787,  had  been  fixed  upon  as  the  day  and  Philadelphia  as 
the  place  of  meeting  for  the  new  convention,  but  it  was  not 
until  May  25  that  delegates  had  arrived  from  a  sufficient 
number  of  states  to  enable  the  convention  to  organize  for 
its  work,  and  two  months  more  elapsed  before  all  of  the 
twelve  states  that  finally  sent  delegates  were  represented. 
Rhode  Island  alone  took  no  part  in  the  convention.  In 
that  state  the  governor  and  the  upper  house  of  the  legis- 
lature were  in  favor  of  sending  delegates  ;  but  the  assembly, 
made  up  largely  of  men  without  education  and  of  narrow 
political  views,  who  were,  moreover,  fearful  of  the  effect  of 
the  convention  upon  their  financial  policy  of  wiping  out 
all  debts  by  means  of  paper  money,  refused  to  send  repre- 
sentatives. The  convention  as  finally  constituted  con- 
sisted of  fifty-five  members,  among  them  the  ablest  and 
most  distinguished  statesmen  of  the  time.  Together 
they  made  up  a  body  that  has  rarely  been  equaled  in 
intelligence,  ability,  patriotism,  and  political  sagacity. 
As  has  nearly  always  happened  in  the  case  of  political 
bodies  chosen  at  critical  junctures  in  our  history,  the 
convention  was  strongly  representative  of  the  wisely  con- 
servative element  in  the  country.     No  true  patriot  could 


1 82      ACTUAL   GOVERNMENT  OF  NEW  YORK 

have  anything  to  fear  in  trusting  his  political  interests 
to  such  men  as  figured  most  prominently  in  the  proceed- 
ings of  the  convention. 

Influence  of  Washington.  Easily  foremost,  of  course, 
was  Washington,  president  of  the  convention,  cautious, 
sagacious,  rich  in  experience,  utterly  free  from  local  preju- 
dice. His  position  as  presiding  officer  naturally  precluded 
his  taking  part  in  the  debates,  but  it  has  been  said  of  him 
that  through  the  power  of  his  personality  he  had  the 
greatest  influence  on  the  total  result  of  any  man  in  the 
convention.  Unquestionably  the  fact  that  he  approved 
the  Constitution  assisted  in  no  small  degree  in  securing 
for  it  the  ratification  of  otherwise  doubtful  states. 

Hamilton  and  Madison.  Of  those  who  engaged  actively 
in  the  debates  of  the  convention  the  two  most  prominent 
and  almost  equally  influential  characters  were  Hamilton 
and  Madison.  In  spite  of  the  fact  that  they  were  young 
men  (Hamilton  was  but  thirty,  and  Madison  six  years 
older),  both  had  already  rendered  political  service  as 
members  of  Congress,  and  Hamilton  had  been  one  of 
the  delegates  to  the  Annapolis  Convention.  Hamilton's 
keen  insight  into  the  principles  of  government,  combined 
with  a  remarkable  power  of  logical,  straightforward  reason- 
ing, stood  him  in  good  stead  in  the  debates  of  the  conven- 
tion. His  greatest  service  in  the  work  of  that  body  was 
his  successful  insistence  upon  the  absolute  necessity  of 
creating  an  efficient  national  government,  even  though  it 
might  involve  a  very  considerable  curtailment  of  the 
powers  of  the  states.  Madison  was  even  more  active,  if 
not  more  influential,  in  the  convention  than  his  colleague. 
He  was  one  of  the  few,  destined  finally  to  become  the 
majority,  who  believed  that  no  satisfactory  amendment 
of  the  Articles  of  Confederation  was  possible,  and  that  the 


CONSTITUTION:     FORMATION  AND   ADOPTION    183 

only  thing  to  do  was  to  throw  them  overboard  and  frame 
a  new  Constitution.  To  this  proposition  it  was  objected, 
reasonably  enough,  that  the  assembly,  in  acting  upon  it, 
would  be  exceeding  its  authority,  since  it  had  been  given 
power  only  to  revise  the  Articles  of  Confederation ;  and  in 
furnishing  convincing  answers  to  objections  of  this  type 
he  rendered  most  efficient  service.  It  was  Madison,  also, 
who  drafted  the  scheme  of  government  known  as  the 
Virginia  Plan,  which  was  to  become  the  basis  of  the  Con- 
stitution as  it  was  finally  adopted.  Nor  did  the  work  of 
these  two  young  men  end  with  the  adjournment  of  the 
convention.  Through  the  series  of  political  essays  known 
as  The  Federalist,  written  for  the  purpose  of  explaining 
and  defending  the  Constitution  after  it  had  been  submitted 
to  the  people  for  ratification,  they  did  yeomen's  service 
in  securing  its  adoption. 

Franklin.  Scarcely  inferior  in  influence,  though  much 
less  active  in  debate,  was  the  venerable  Franklin,  now  in 
his  eighty-second  year.  For  half  a  century  he  had  had 
intimate  knowledge  of  public  affairs ;  for  a  quarter  of  a 
century  he  had  represented  his  country,  or  a  portion  of 
it,  at  foreign  capitals.  Twice  had  he  drafted  a  plan  of 
union  and  a  scheme  of  government  for  the  colonies  (neither 
of  them,  to  be  sure,  destined  to  be  put  into  operation) : 
one  the  plan  adopted  by  the  Albany  Convention  in  1754, 
but  rejected  by  the  colonies ;  the  other  the  scheme  con- 
sidered by  the  Continental  Congress  a  year  before  the 
Articles  of  Confederation  were  drafted,  but  never  acted 
upon.  It  was  his  particular  task  in  the  convention  to  pour 
oil  on  the  troubled  waters.  When  the  debate  became  too 
bitter  or  too  personal,  his  ready  wit  restored  everybody  to 
good  humor,  and  more  than  once  his  tact  prevented  differ- 
ences of  opinion  from  becoming  irreconcilable  disputes. 


1 84  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Other  Prominent  Delegates.  Among  other  prominent 
delegates  present  were  George  Mason  and  Edmund  Ran- 
dolph of  Virginia ;  John  Dickinson  of  Delaware ;  James 
Wilson,  Robert  and  Gouverneur  Morris  of  Pennsylvania, 
to  the  last  of  whom  the  Constitution  mainly  owes  the 
admirable  clearness  and  simplicity  of  its  language,  which 
has  made  the  work  of  interpretation  so  much  easier  and 
surer ;  Roger  Sherman  of  Connecticut,  who  had  been  a 
member  of  nearly  every  Congress ;  Elbridge  Gerry  of 
Massachusetts;  Rufus  King  of  New  York,  the  author  of 
the  prohibition  on  the  states  to  pass  laws  impairing  the 
obligation  of  contracts ] ;  Paterson  of  New  Jersey  (after- 
ward governor,  1 791-1793);  and  the  two  Pinckneys  and 
John  Rutledge  of  South  Carolina.  These  were  the  most 
distinguished  members  of  the  assembly,  but  all  were  men 
of  ability  and  experience.  Of  the  fifty-five  present,  eighteen 
were  at  the  same  time  members  of  Congress,  and  there 
were  only  twelve  who  had  not  at  some  time  sat  in  that  body. 

Work  of  the  Convention.  The  convention  organized  for 
work  May  27,  and  from  this  date  its  work  proceeded  with- 
out interruption  for  four  months,  daily  sessions  being  held 
until  the  seventeenth  of  September,  when  the  engrossed 
copy  was  signed  and  the  convention  finally  adjourned. 
The  work  throughout  was  carried  on  behind  closed  doors 
—  wisely,  since,  had  the  questions  under  discussion  been 
known,  the  pressure  of  public  opinion  upon  the  delegates 
would  probably  have  made  agreement  impossible.  It  was 
not  until  long  afterwards,  when  the  very  full  notes  of  the 
debates  of  the  convention,  kept  by  Madison,  were  printed, 
that  the  difficulties  it  had  surmounted  became  known. 

Difficulty  of  the  Task.  In  some  respects  the  task  before 
the  framers  of  the   Constitution  was  peculiarly  difficult. 

1  See  Article  I,  §  10,  *&  1,  page  Ix. 


CONSTITUTION:    FORMATION  AND  ADOPTION   185 

"  The  establishment  of  a  constitution  in  a  time  of  profound 
peace,  by  the  voluntary  consent  of  a  whole  people,  is  a 
prodigy,  to  the  completion  of  which  I  look  forward  with 
trembling  anxiety,"  wrote  Hamilton;  and  many  of  his 
contemporaries  shared  his  feeling.  In  the  first  place,  there 
had  been  no  overwhelming  public  sentiment  in  favor  of 
the  calling  of  the  convention,  nor  was  there  any  profound 
belief  that  it  would  accomplish  anything.  Then,  too, 
within  the  convention  itself  there  was  a  strong  feeling  that 
it  had  no  power  beyond  that  of  revising  the  Articles  of 
Confederation ;  and  not  a  little  argument  was  needed  to 
induce  the  assembly  to  undertake  the  framing  of  a  new 
constitution.  That  question  once  decided,  the  convention 
found  itself  face  to  face  with  a  peculiar  condition  of  affairs. 
Its  task  was  not  the  comparatively  simple  one  of  devising 
a  scheme  of  government  for  a  single  unitary  state,  in  which 
the  central  government  should  be  the  source  of  power  for 
all  minor  political  divisions  ;  nor  had  it,  on  the  other  hand, 
to  deal  with  a  simple  confederation,  in  which  the  com- 
ponent states  were  still  sovereign  and  independent,  with 
full  power  at  any  time  to  withdraw  from  the  union. 

The  course  of  events  during  the  Revolution  had  un- 
doubtedly established  a  nation  with  a  life  of  its  own ;  yet  it 
had  left  the  integrity  of  the  states  untouched.  The  states 
were  still  free  political  agents,  however  strongly  public  ne- 
cessity might  urge  them  to  form  a  national  union.  "  We  were 
neither  the  same  nation  nor  different  nations,"  said  Gerry. 
In  short,  the  task  before  the  convention  was  that  of  fram- 
ing a  constitution  for  the  first  great  federal  state  in  history. 
Just  how  this  was  to  be  done  no  one  saw  clearly  at  the 
opening  of  the  convention.  Among  the  members  of  the 
assembly  the  most  diverse  opinions  were  held  as  to  what 
should  be  the  character  of  the  new  government.     Not  a 


1 86  ACTUAL  GOVERNMENT  OF  NEW  YORK 

few  contended  for  the  maintenance  of  the  existing  form  of 
government  with  only  such  revision  of  the  Articles  of  Con- 
federation as  experience  had  shown  to  be  absolutely  neces- 
sary ;  that  is,  they  advocated,  if  not  the  extreme  state-rights 
doctrine,  at  least  as  great  a  degree  of  state  sovereignty  as 
was  at  all  compatible  with  orderly  government.  A  few, 
notably  Hamilton,  advocated  the  establishment  of  a 
strongly  centralized  national  government,  in  which  the 
states  should  be  shorn  of  all  their  sovereign  power.  The 
majority,  however,  hoped  for  the  establishment  of  a  moder- 
ately strong  central  government,  with  enough  curtailment 
of  state  prerogatives  to  render  the  general  government 
thoroughly  efficient. 

Plans  Submitted.  The  real  work  of  the  convention  began 
on  the  twenty-ninth  of  May,  when  Edmund  Randolph  of 
Virginia  submitted  a  plan  of  government,  principally  the 
work  of  Madison,  consisting  of  fifteen  propositions,  most  of 
which  were  finally  embodied  in  the  Constitution.  This 
plan  is  known  as  the  Virginia  Plan.  On  the  same  day 
Charles  Pinckney  of  South  Carolina  presented  another 
plan,  very  similar  in  its  provisions  to  that  of  the  Virginia 
delegation,  but  more  detailed.  This  received  little  atten- 
tion. The  interest  of  the  convention  centered  in  the 
Virginia  Plan  and  its  principal  opponent  the  New  Jersey 
Plan,  introduced  by  Paterson  of  New  Jersey  and  express- 
ing the  wishes  of  the  smaller  states.  The  Virginia  Plan 
provided  for  a  government  to  consist  of  the  three  depart- 
ments, —  legislative,  executive,  and  judicial,  —  the  legis- 
lature to  consist  of  two  houses,  the  lower  elected  by  the 
people,  the  upper  by  the  lower  from  candidates  nomi- 
nated by  the  state  legislatures.  In  both  houses  represen- 
tation was  to  be  based  on  free  population.  Congress  was 
also  to  choose  the  executive  and  the  judiciary.     This  plan 


CONSTITUTION:    FORMATION  AND   ADOPTION    187 

unquestionably  gave  the  control  of  affairs  into  the  hands 
of  the  larger  states,  and  it  met  with  fierce  opposition  on 
the  part  of  the  smaller  ones.  They  therefore  agreed  upon 
the  series  of  resolutions  introduced  by  Paterson.  This 
plan  proposed  to  continue  the  existing  government,  but  to 
give  Congress  power  to  regulate  commerce,  to  raise  revenue, 
to  establish  a  federal  judiciary,  and  to  enforce  its  enact- 
ments. While  these  plans  were  under  discussion,  Hamilton 
made  a  speech  to  the  convention,  in  the  course  of  which  he 
read  a  plan  outlining  a  strongly  centralized  national  gov- 
ernment in  which  the  states  had  little  power.  This  has 
been  called  Hamilton's  Plan ;  but  he  knew,  as  he  himself 
said,  that  it  was  very  remote  from  the  ideas  of  the  people, 
and  he  probably  intended  only  to  outline  more  carefully 
his  own  views  and  the  amendments  he  intended  to  offer  at 
the  proper  time,  rather  than  to  submit  a  formal  plan  for 
the  consideration  of  the  convention. 

The  First  Great  Compromise.  As  the  discussion  of  the 
two  principal  plans  proceeded,  it  became  evident  that 
only  a  most  liberal  spirit  of  compromise  could  enable  the 
convention  to  effect  anything.  Differences  of  opinion 
among  the  delegates  were  so  wide  as  to  be  all  but  ir- 
reconcilable. More  than  once  the  convention  seemed  on 
the  verge  of  dissolution,  but  each  time  some  compromise 
was  effected  and  the  work  proceeded.  The  first  great 
crisis  came  in  the  course  of  the  discussion  as  to  whether 
there  should  be  a  national  or  a  federal  government,  and 
whether  there  should  be  equal  representation  of  the  states 
in  Congress  or  whether  representation  should  be  appor- 
tioned on  the  basis  of  population.  Naturally  the  smaller 
states  contended  fiercely  for  equal  representation.  Finally 
one  of  the  Connecticut  delegates  suggested  a  compromise, 
based    on    the    system   in   use   in    the    legislature   of   his 


1 88   ACTUAL  GOVERNMENT  OF  NEW  YORK 

own  state,  according  to  which  there  was  to  be  equal 
representation  of  the  slates  in  the  Senate  but  representation 
apportioned  on  the  basis  of  population  in  the  House  of 
Representatives.  To  this  the  larger  states  agreed  after 
some  discussion,  and  thus  the  first  great  compromise  of 
the  Constitution  was  effected. 

The  Second  Great  Compromise.  This  question  as  to  the 
manner  of  representation  in  the  two  Houses  having  been 
settled,  another  arose  as  to  the  apportionment  of  represent- 
atives in  the  lower  House.  The  population  in  the  Southern 
states  contained  a  large  proportion  of  slaves  possessed  of 
no  political  rights.  Ought  they  to  be  counted  in  determin- 
ing the  number  of  representatives  from  those  states;  and 
if  counted  for  that  purpose,  ought  they  not  to  be  counted 
also  in  apportioning  direct  taxes?  Finally  a  compromise 
was  effected  upon  this  question  also,  —  the  three-fifths 
compromise,  as  it  is  sometimes  called,  —  according  to 
which  five  slaves  were  to  be  counted  as  equal  to  three 
white  men,  and  direct  taxes  were  to  be  apportioned  in  the 
same  manner  as  representatives. 

The  Third  Great  Compromise  also  was  made  necessary 
by  the  existence  of  slavery  and  the  slave  trade.  The  real 
question  at  issue  was  whether  or  not  the  general  govern- 
ment should  be  given  control  over  commerce.  The  ill 
effects  of  allowing  each  state  commercial  independence 
had  become  evident  under  the  Articles  of  Confederation, 
and  the  states  engaged  in  general  commerce  desired  its 
regulation  by  the  general  government.  On  the  other 
hand,  the  states  engaged  in  the  slave  trade,  knowing  the 
sentiment  entertained  against  it  at  the  North,  feared  that 
heavy  losses  might  be  entailed  upon  them  by  some  pro- 
hibitory legislative  act  of  the  general  government.  A  com- 
promise was  finally  reached  by  which  it  was  agreed  that 


CONSTITUTION:    FORMATION  AND   ADOPTION   189 

Congress  should  be  given  control  over  commerce  but  should 
be  forbidden  to  pass  any  act  prohibiting  the  importa- 
tion of  slaves  before  1808,  though  it  might  levy  a  tax 
of  ten  dollars  each  on  all  slaves  imported.  Of  this  last 
provision,  however,  Congress  never  took  advantage.  It 
should  not  be  supposed  that  these  three  were  the  only 
compromises  of  the  Constitution ;  it  has  been  said  of  it, 
indeed,  that  it  was  nothing  but  a  series  of  compromises. 
These  three,  however,  were  of  vital  importance,  since  a 
failure^to  reach  an  agreement  on  any  of  these  points  would 
have  resulted  almost  inevitably  in  the  dissolution  of  the 
convention. 

Ratification.  In  accordance  with  the  last  article  of  the  new 
Constitution,  providing  for  its  ratification  on  the  twentieth 
of  September,  1787,  it  was  submitted  to  Congress,  where 
it  was  subjected  to  criticism  for  eight  days  before  it  was 
sent  to  the  state  legislatures,  to  be  by  them  in  turn  sub- 
mitted to  conventions  chosen  by  the  people  of  the  several 
states.  It  was  not  until  June  21,  1788,  that  the  ratifica- 
tion of  the  nine  states  necessary  to  the  establishment  of 
the  new  government  was  secured.  Thereupon  Congress 
made  preparations  for  putting  the  Constitution  into  opera- 
tion, and  the  other  states,  finding  themselves  confronted 
with  the  alternative  of  joining  the  Union  or  standing  alone 
in  the  world,  since  the  old  government  established  by  the 
Articles  of  Confederation  had  been  annihilated,  ratified, 
one  by  one,  Rhode  Island  holding  out  until  the  end  of 
May,  1790. 

Struggle  over  Ratification.  Except  in  the  smaller  states, 
to  which  very  considerable  concessions  had  been  made, 
ratification  was  nearly  everywhere  secured  with  difficulty. 
Had  the  matter  been  left  to  a  direct  vote  of  the  people, 
taken  all  over  the  country  on  the  same  day,  it  is  doubtful 


iqo  ACTUAL  GOVERNMENT  OF  NEW  YORK 

if  it  could  have  been  secured  at  all.  Fortunately,  as  Mr. 
Bryce  has  noted,  "  The  conventions  were  composed  of  able 
men,  who  listened  to  thoughtful  arguments,  and  were  them- 
selves influenced  by  the  authority  of  their  leaders."  x  Out 
of  this  struggle  over  ratification  emerged  the  first  two  great 
political  parties  in  the  United  States.  The  supporters  of 
the  Constitution  were  called  Federalists ;  the  opponents, 
Antifederalists.  The  Federalist  Party  was  in  general  the 
party  of  the  moneyed  classes  —  the  public  creditors,  the 
merchants,  the  lawyers ;  the  Antifederalist  the  party  of  the 
•debtor  class,  the  advocates  of  paper  money  —  in  general, 
the  less  wealthy  portion  of  the  community.  The  Anti- 
federalists  objected,  among  other  things,  to  the  absence  of 
a  Bill  of  Rights  in  the  new  Constitution ;  to  the  power  of 
taxation  given  the  national  legislature ;  to  the  power 
granted  to  the  federal  judiciary ;  to  the  paying  of  congress- 
men out  of  the  federal  treasury,  thus  making  them  inde- 
pendent of  the  states ;  to  the  voting  by  individuals  instead 
of  by  states  in  the  national  legislature  —  in  short,  to  what 
they  considered  the  too  aristocratic,  too  centralized  form 
of  the  new  government.  On  the  other  hand,  the  views  of 
the  Federalist  Party  found  expression  most  ably  and  thor- 
oughly through  the  series  of  remarkable  political  essays 
written  by  Hamilton,  Madison,  and  Jay,  and  afterwards 
collected  and  published  under  the  title  of  The  Federalist. 
Their  effectiveness  in  helping  to  secure  ratification  has  been 
already  mentioned.  Other  influences,  too,  were  at  work. 
The  support  of  such  tried  and  trusted  men  as  Washington 
and  Madison,  the  compromises  made  to  different  sections 
and  interests,  the  example  of  other  states  —  all  had  their 
effect  upon  doubtful  states;  but  unquestionably  the  two 
most  potent  influences  were  the  almost  universal  economic 

1  Bryce,  Vol.  I,  p.  27. 


CONSTITUTION:    FORMATION  AND   ADOPTION    191 

distress  and  the  dread  of  foreign  powers,  especially  Spain 
•  and  England,  who  were  believed,  perhaps  not  wholly  with- 
out reason,  to  be  only  awaiting  a  favorable  opportunity 
for  absorbing  the  youthful  nation. 

Establishment  of  the  New  Government.  As  soon  as 
the  ratification  of  the  necessary  nine  states  was  secured, 
Congress  passed  an  act  providing  for  the  establishment  and 
organization  of  the  new  government.  The  first  Wednes- 
day in  January,  1789,  was  designated  as  the  day  for  ap- 
pointing electors ;  the  first  Wednesday  in  February,  for 
assembling  and  voting  for  president ;  and  the  first  Wednes- 
day in  March,  for  "  commencing  the  proceedings  under 
the  said  Constitution."  It  was  not  until  April  first,  how- 
ever, that  a  quorum  was  secured  in  the  House  of  Represent- 
atives and  that  body  was  organized,  while  in  the  Senate  a 
quorum  was  first  present  on  April  sixth.  Thereupon  the 
votes  were  counted  and  Washington  was  declared  elected. 
Some  further  delay  ensued,  but  finally,  on  April  thirtieth, 
occurred  the  inauguration  of  Washington  and  the  installa- 
tion of  the  new  government. 

Library  References.  Macy,  pp.  38-40;  Hinsdale,  pp.  82-116; 
Bryce,  Vol.  I,  chap,  iii;  Fiske,  pp.  217-219;  Channing,  pp.  254-262, 
270-275  ;'  Montgomery,  pp.  214-218  ;  Curtis,  Vol.  I,  chaps,  xv-xxxvi ; 
Fiske,  Critical  Period,  pp.  214-350;  Roberts,  Vol.  II,  pp.  446- 
447  ;  Hart,  chap,  vi ;  Lalor,  Article  on  the  Constitutional  Convention; 
Bancroft,  Vol.  VI,  Book  II,  chap,  viii,  Books  III-IV,  Book  V,  chaps, 
ii-iii ;  Schouler,  Vol.  I,  pp.  28-70 ;  McMaster,  Vol.  I,  pp.  390-300, 
417-423,  436-502. 

QUESTIONS    ON   THE    TEXT 

1.  Describe  the  political  conditions  which  made  necessary 
the  present  constitution  of  the  United  States. 

2.  What  evils  was  the  United  States  constitution  intended  to 
remedy?     Does  it  remedy  those  evils?     Give  reasons. 


192   ACTUAL  GOVERNMENT  OF  NEW  YORK 

3.  What  state  took  the  first  step  that  led  to  the  formation 
of  the  present  Constitution  ? 

4.  When  and  where  was  the  Constitution  made?  Name 
six  objects  stated  in  the  preamble. 

5.  How  was  the  Constitution  framed?  Name  the  three 
great  compromises  of  the  Constitution. 

6.  What  differences  of  opinion  existed  between  the  framers 
of  the  Constitution  as  to  the  powers  of  the  federal  government  ? 
What  are  these  differences  sometimes  called? 

7.  What  is  meant  by  the  statement:  "The  House  of  Rep- 
resentatives represents  the  national  idea ;  the  Senate  represents 
the  federal  idea"? 

8.  State  the  provisions  under  which  the  Constitution  took 
effect. 

9.  The  sessions  of  the  Constitutional  Convention  were  all 
executive  ;  that  is,  the  public  was  excluded  from  all  meetings 
and  the  work  of  the  convention  kept  secret  until  after  final 
adjournment.     Was  this  a  wise  thing  to  do?     Why? 

10.  Give  the  date  of  the  Constitutional  Convention ;  the 
place ;  the  names  of  the  colonies  represented ;  the  name  of  the 
presiding  officer;  and  the  name  of  the  "peacemaker." 

11.  Who  submitted  the  plan  of  government  for  the  large 
states  ?  for  the  small  states  ?  State  the  two  most  important 
reasons  for  adopting  the  Constitution. 

12.  Who  is  called  the  "  Father  of  the  Constitution  "  ?    Why  ? 

13.  Name  the  first  two  political  parties.  State  the  principles 
of  each. 

14.  What  was  "  The  Federalist  "  ? 

15.  When  and  where  was  Washington  inaugurated  ?  Give 
the  oath  of  office  required  of  the  president  upon  entering  upon 
the  duties  of  his  office  ? 


CHAPTER  XVIII 
THE    CONSTITUTION:     ITS    ORIGIN   AND    NATURE 

Its  Origin.  In  regard  to  the  originality  of  the  Constitu- 
tion the  most  opposite  views  have  been  entertained.  Mr. 
Gladstone's  remark  that  it  is  "  the  most  wonderful  work 
ever  struck  off  at  a  given  time  by  the  brain  and  purpose 
of  man "  has  generally  been  construed,  whether  it  was 
so  intended  or  not,  as  an  assertion  of  its  originality.  On 
the  other  hand,  Sir  Henry  Maine  says  that  it  is  "  in  reality 
a  version  of  the  British  constitution  "  as  it  then  was.  Both 
these  statements  are  misleading,  though  both  contain  an 
element  of  truth.  As  a  matter  of  fact,  the  convention 
wisely  based  its  work  as  little  as  possible  upon  untried 
theories.  Only  where  colonial  or  state  experience  furnished 
no  precedent  did  they  risk  an  invention  of  their  own.  At 
the  same  time,  there  were  in  the  situation  before  the  con- 
vention some  elements  that  were  new  —  some  problems  for 
which  the  framers  were  compelled  to  devise  new  solutions. 
As  for  the  British  constitution,  it  unquestionably  exercised 
a  very  considerable  influence  upon  the  framers  of  our  Con- 
stitution, but  not  directly,  as  Sir  Henry  Maine's  remark 
implies.  On  the  contrary,  that  influence  came  to  them 
filtered,  for  the  most  part,  through  the  channels  of  colonial, 
Revolutionary,  or  early  national  experience. 

Origin  of  Special  Provisions.  Nothing  could  be  truer 
than  the  oft-quoted  observation  that  nearly  every  provision 
of   the    federal    constitution    that   has   worked   well    was 

193 


194  ACTUAL  GOVERNMENT  OF  NEW  YORK 

borrowed  from  some  one  of  the  state  constitutions,  and  that 
nearly  every  one  that  has  worked  badly  is  one  which  the 
convention,  in  the  absence  of  precedents,  was  obliged  to 
devise  for  itself.  It  is  interesting  to  note  the  source  of 
some  of  these  provisions.  The  separation  of  the  govern- 
ment into  three  clearly  defined  departments,  each  inde- 
pendent of  the  others,  had  been  characteristic  of  the 
colonies  and  after  them  of  the  states,  the  separation  hav- 
ing been  carried  much  further  in  America  than  in  England. 
This  characteristic  reappears  in  an  even  more  extreme 
form  in  the  federal  constitution.  The  division  of  the  legis- 
lature into  two  Houses,  which  has  often  been  pointed  to  as 
a  direct  copy  of  the  English  system,  is  rather  a  copy  of  the 
plan  almost  universally  in  use  in  the  states,  though  it  is 
true  that  in  character  the  two  Houses  of  the  federal  legis- 
lature correspond  much  more  closely  to  those  of  Great 
Britain.  Even  the  names  "  Senate  "  and  "  House  of  Rep- 
resentatives "  were  in  use  in  several  of  the  states.  The 
president  also,  in  whom  some  writers  have  thought  they 
saw  a  copy  of  the  British  monarch,  corresponds  much  more 
closely  in  character  and  function  to  the  governors  of  the 
states,  some  of  whom  were  called  presidents.  In  several 
states,  too,  the  office  of  vice  president  existed.  Some 
half  dozen  or  more  of  the  states  also  provided  a  method  of 
impeachment. 

Suggestions  from  the  States.  Certain  states  can  be 
pointed  to  more  especially  as  furnishing  the  suggestions 
for  particular  provisions.  We  have  already  seen  that  the 
different  basis  of  representation  in  the  two  Houses  was 
suggested  by  the  constitution  of  Connecticut.  The  veto 
power  of  the  chief  executive  is  found  also  in  the  constitution 
of  Massachusetts ;  the  constitution  of  Delaware  provided 
for  the  election  of  one  third  of  the  senators  every  two 


The  Panama  Canal  (above)  and   Federal  Government  Meat 
Inspection  (below) 

Our  federal  government,  in  constructing  this  canal,  shortened  the  great  trade 
routes  of  the  world  by  thousands  of  miles;  and  by  its  pure-food  laws  and  food 
inspection  it  undertakes  to  guard  the  health  of  those  who  consume  our  products 


195 


196      ACTUAL   GOVERNMENT  OF  NEW  YORK 

years ;  the  constitution  of  New  York  made  provision  for  a 
census  every  seven  years  for  the  purpose  of  apportioning 
representatives ;  in  Massachusetts  and  New  Hampshire 
all  revenue  bills  originated  in  the  house  of  representatives. 
As  a  whole,  the  plan  devised  for  electing  the  president 
was  original,  but  even  here  the  idea  of  an  electoral  college 
was  derived  from  Maryland.  Perhaps  the  truest  proto- 
type for  the  Supreme  Court  is  to  be  found,  not  in  the  states, 
but  in  the  judicial  committee  of  the  privy  council  in  Great 
Britain.  In  fact,  in  the  provisions  of  the  Constitution 
there  was  little  indeed  that  was  new.  Such  originality 
as  there  was  lay  rather  in  the  attempt  to  frame  a  written 
constitution  for  a  federation,  and  in  the  idea  of  submitting 
it  to  the  people  for  ratification  {the  referendum).  "  The 
work  of  the  convention  was  a  work  of  selection,  not  a 
work  of  creation,  and  .  .  .  the  success  of  their  work  was 
not  a  success  of  invention,  always  most  dangerous  in  gov- 
ernment, but  a  success  of  judgment,  of  selective  wisdom, 
of  practical  sagacity  —  the  only  sort  of  success  in  politics 
which  can  ever  be  made  permanent."  l 

Its  Nature  Different  from  the  British  Constitution. 
The  character  of  the  government  established  by  the  new 
Constitution  was  something  different  not  only  from  the 
government  of  Great  Britain,  upon  which  it  had  been  in 
many  respects  indirectly  modeled,  but  from  that  of  the 
Confederation  as  well.  It  is  doubtful  if  the  framers  them- 
selves realized  how  widely  their  work  diverged  from  the 
mass  of  charters,  statutes,  and  usages  that  made  up  the 
unwritten,  highly  flexible  constitution  of  Great  Britain. 
Perhaps  the  cardinal  difference  lay  in  the  widely  different 
character  of  the  two  great  legislative  bodies,  Parliament 
and  Congress.     It  should  be  remembered  that  the  British 

1  Woodrow  Wilson,  The  Slate,  p.  462. 


CONSTITUTION:    ORIGIN  AND   NATURE      197 

Parliament  is  and  was  then  an  absolutely  sovereign  body. 
It  may  make  or  unmake  any  law,  change  the  constitution 
or  the  form  of  government  at  will,  interfere  with  any  of 
the  "  unalienable  "  rights  of  the  citizen,  do  any  one  of  a 
thousand  things  that  it  never  does  do.  None  of  its  acts 
can  be  "  unconstitutional,"  for  there  is  no  higher  author- 
ity competent  to  pronounce  them  so.  In  legal  theory  it 
is  the  nation  and  possesses  all  of  the  nation's  powers.  The 
Congress  of  the  United  States  is  no  such  sovereign  body. 
Neither  Congress,  nor  the  president,  nor  both  together  can 
move  one  step  beyond  the  strict  limits  assigned  them  by 
the  Constitution.  Their  powers  are  carefully  enumerated, 
and  any  acts  done  in  excess  of  them  are  simply  void. 
Sovereign  power  such  as  belongs,  theoretically  at  least,  to 
the  British  Parliament  can  be  exercised  in  the  United 
States  only  by  the  whole  body  of  the  people  acting  in  the 
manner  prescribed  by  the  Constitution. 

Different  from  the  Confederation.  Between  the  new 
government  and  the  old  government  of  the  Confederation 
there  were  also  some  radical  differences.  The  new  Con- 
stitution did  more  than  merely  strengthen  the  general 
government  so  as  to  render  it  efficient.  It  changed  a 
confederation  into  a  federation  —  a  league  of  states  into 
a  national  state.  The  central  government  operated  no 
longer  upon  the  states  merely,  but  upon  the  individual 
citizen  as  well. 

Growth  of  Nationality.  To  be  sure,  the  Constitution  as 
it  existed  in  1789  is  not  exactly  the  Constitution  as  it  is 
to-day.  It  has  been  developed  by  amendment,  first  of  all, 
but  even  more  by  interpretation  and  by  custom ;  and  prac- 
tically all  such  development  has  been  in  the  direction  of 
nationalization,  of  consolidation.  It  must  be  admitted 
that  the  federation  of  1789  was  much  looser,  much  more 


198   ACTUAL  GOVERNMENT  OF  NEW  YORK 

like  the  old  Confederation,  than  is  the  Union  of  to-day. 
The  public  sentiment  of  the  time,  which  was  for  the  most 
part  indifferent  or  lukewarm  toward  the  Union  and  jeal- 
ously watchful  of  the  prerogatives  of  the  states,  demanded 
such  an  interpretation  of  the  Constitution  as  would  impose 
upon  the  general  government  the  strictest  limitations  com- 
patible with  efficiency.  As  time  passed,  however,  and  the 
nation  expanded,  bringing  into  the  Union  new  states  with 
no  memory  of  a  time  when  the  states  were  all  and  the 
Union  naught ;  as  a  network  of  railroads  gradually  spread 
over  the  country,  bringing  the  people  together  and  making 
them  more  homogeneous ;  as  war  with  other  countries 
wakened  a  patriotism  wider  than  state  patriotism,  and 
civil  war  finally  swept  away  the  last  great  barriers  between 
sections  —  the  sentiment  of  nationality  slowly  prevailed 
over  local  prejudices  and  attachments.  Instead  of  the  old 
jealousy  and  distrust  of  the  general  government  on  the 
part  of  the  states,  there  grew  up  a  realization  of  the  fact 
that  under  the  Constitution  state  government  and  national 
government  are  mutually  complementary,  that  neither 
usurps  the  functions  of  the  other,  that  each  is  a  necessary 
part  of  a  single  scheme. 

Relation  between  the  States  and  the  Union.  The 
peculiar  relation  existing  between  the  states  and  the 
national  government  is  perhaps  to  the  student  of  politics 
the  most  puzzling  feature  of  our  Constitution.  It  will  be 
remembered  that  under  the  Articles  of  Confederation  the 
general  government  was  a  government  of  delegated  powers, 
these  powers  having  been  delegated  by  the  states.  Under 
the  Constitution  the  general  government  may  still  be  said 
to  be  a  government  of  delegated  powers,  but  the  source 
of  authority  is  no  longer  the  states  but  the  people  of  the 
United  States,  though  the  people  act  through  the  state 


CONSTITUTION:    ORIGIN  AND  NATURE       199 

organization.  Further,  we  may  say  that  during  the  period 
of  the  Confederation  the  prevalent  theory  was  that  the 
Union  had  been  formed  by  a  mere  compact  between  the 
states,  from  which  they  retained  the  power  of  withdrawing 
at  will.  From  the  time  of  the  adoption  of  the  Constitu- 
tion to  the  Civil  War  this  theory  struggled  for  supremacy 
against  the  opposing  opinion  that  by  the  ratification  of 
the  Constitution  the  states  had  become  inseparable  parts 
of  the  Union,  to  which  they  had  permanently  surrendered 
their  sovereignty.  Practically,  if  not  theoretically,  this 
question  was  settled  finally  by  the  test  of  civil  war;  and 
since  that  struggle  it  is  admitted  that,  whatever  other 
powers  the  states  may  possess,  they  do  not  possess  tjie 
power  of  withdrawing  from  the  Union  (the  right  of  seces- 
sion). On  the  other  hand,  the  states  are  not  mere  adminis- 
trative divisions  of  the  general  government,  nor  are  their 
powers  delegated  to  them  by  the  Constitution.  That 
instrument  withholds  from  them  certain  powers ;  but 
such  functions  as  they  perform,  they  perform  by  an  in- 
herent, not  a  delegated,  authority.  Within  their  own 
spheres  they  are  completely  independent,  self-governing 
bodies.  Their  government  "  is  subordinate  only  in  the 
sense  of  being  less  than  national  in  its  jurisdiction." 

Departments  of  Government.  Besides  this  delicate  ad- 
justment of  powers  between  state  and  national  govern- 
ment, so  that  both  operate  without  friction  even  within 
the  same  sphere,  perhaps  the  most  remarkable  feature  of 
our  Constitution  is  the  strict  separation  of  the  three  great 
functions  or  departments  of  government  —  the  legislative, 
the  executive,  and  the  judicial.  By  thus  separating 
these  three  essential  functions  of  government,  making 
them  independent  and  coordinate,  and  placing  in  the 
hands  of  each  the  means  of  defending  itself  against  the 


200  ACTUAL  GOVERNMENT  OF  NEW  YORK 

encroachments  of  the  other  two,  the  framers  of  the  Consti- 
tution hoped  to  secure  not  only  the  rights  of  the  individual 
citizen,  but  permanency  for  the  form  of  government  estab- 
lished. They  tried  to  establish  a  complete  system  of 
"  checks  and  balances,"  so  that  it  would  be  impossible  for 
any  one  department  to  overshadow  the  others  and  seize 
supreme  power.  For  example,  the  executive  power  is  vested 
in  the  president ;  but  through  his  veto  power  he  holds  a 
very  effective  check  upon  the  legislature,  while  his  right 
of  pardon  gives  him  a  share  of  judicial  power  also.  Legis- 
lative power  is  vested  in  Congress ;  but  the  House  of  Repre- 
sentatives, through  its  control  of  the  public  purse,  and  the 
Senate,  through  its  power  of  advice  and  consent  in  the 
matter  of  appointments  and  treaties,  both  act  as  checks 
upon  the  executive.  Judicial  power  is  vested  in  the 
Supreme  Court  and  in  such  inferior  courts  as  may  be  es- 
tablished ;  but  through  the  power  of  the  Supreme  Court 
to  pass  upon  the  constitutionality  of  any  law,  the  judicial 
department  acts  as  a  check  upon  the  legislature.  Greatest 
care  was  taken  to  make  each  department  as  independent  as 
possible  of  the  other  two  — ■  in  the  case  of  the  judiciary,  by 
making  their  tenure  of  office  as  secure  as  possible ;  in  the 
case  of  the  other  two,  by  making  them  responsible,  not  to 
each  other,  but  directly  to  the  people  (since  the  Seven- 
teenth Amendment). 

Stability  of  the  Constitution.  Contrary  to  the  expecta- 
tion of  many  at  the  time  of  its  adoption,  the  Constitution 
has  proved  itself  extremely  stable.  The  process  of  amend- 
ment, while  not  so  difficult  as  to  be  impracticable,  as  was 
the  case  with  the  Articles  of  Confederation,  has  neverthe- 
less proved  too  cumbersome  to  be  resorted  to  unadvisedly. 
As  a  result  the  Constitution  has  been  but  little  changed  by 
amendment,    Of  the  seventeen  amendments  that  have  been 


CONSTITUTION:    ORIGIN  AND  NATURE      201 

passed,  the  first  ten,  often  called  the  Bill  of  Rights,  were 
passed  at  one  time  and  might  almost  be  counted  as  one; 
next,  the  Thirteenth,  Fourteenth,  and  Fifteenth,  relating  to 
and  growing  out  of  the  Civil  War,  are  really  a  unit ;  so  that 
it  is  perhaps  not  inaccurate  to  say  that  the  Constitution 
has  really  been  amended  but  six  times. 

But  it  has  undergone  development  through  the  process 
of  judicial  interpretation  and  through  custom.  Mr.  Bryce 
has  said  of  it,  "  The  constitution  as  a  whole  has  stood  and 
stands  unshaken.  The  scales  of  power  have  continued  to 
hang  fairly  even.  The  president  has  not  corrupted  and  en- 
slaved Congress ;  Congress  has  not  paralyzed  and  cowed 
the  president.  .  .  .  Neither  the  legislature  nor  the  execu- 
tive has  for  a  moment  threatened  the  liberties  of  the  people. 
The  states  have  not  broken  up  the  Union,  and  the  Union  has 
not  absorbed  the  states.  No  wonder  that  the  Americans 
are  proud  of  an  instrument  under  which  this  great  result  has 
been  attained ;  which  has  passed  unscathed  through  the 
furnace  of  civil  war ;  which  has  been  found  capable  of  em- 
bracing a  body  of  commonwealths  more  than  three  times 
as  numerous,  and  with  twentyfold  the  population,  of  the 
original  states ;  which  has  cultivated  the  political  intelli- 
gence of  the  masses  to  a  point  reached  in  no  other  country ; 
which  has  fostered  and  been  found  compatible  with  a 
larger  measure  of  local  self-government  than  has  existed 
elsewhere." 

Library  References.  Harrison,  chap,  i;  Macy,  chaps,  vi,  xxxv; 
Dawes,  pp.  46-59,  406-418;  Bryce,  Vol.  I,  chaps,  ii-iv;  Wilson, 
§§  869-884;  Hinsdale,  chaps,  xii-xv;  Madison,  Journal  of  Con- 
stitutional Convention;  Federalist;  Johnston,  pp.  12-14;  Curtis, 
Vol.  II,  chaps,  i-ii;  Channing,  pp.  259-270;  Fiske,  American 
Political  Ideas,  pp.  57-100;  Wilson,  Congressional  Government, 
pp.  1-57  ;  Hart,  pp.  133-135 ;  Lalor,  Article  on  Constitution  of  the 
United  States;   Woodburn,  pp.  58-93. 


202   ACTUAL  GOVERNMENT  OF  NEW  YORK 

QUESTIONS    ON   THE   TEXT 

1.  Mention  two  governmental  institutions  that  are  derived 
from  England. 

2.  Compare  the  constitution  of  the  United  States  with  the 
English  constitution  as  to  (i)  origin,  (2)  form,  (3)  susceptibility 
to  change. 

3.  What  provisions  of  the  Constitution  were  taken  from  the 
various  state  constitutions? 

4.  Mention  one  respect  in  which  the  constitution  of  the 
United  States  differs  from  that  of  England.  Compare  the 
powers  of  Parliament  and  Congress. 

5.  Distinguish  between  confederacy  and  nation.  What  kind 
of  government  was  that  of  the  Continental  Congress? 

6.  Show  how  the  Constitution  changed  the  relations  ''from 
a  league  of  states  into  a  national  state." 

7.  Into  what  three  departments  are  the  powers  of  the 
United  States  government  divided,  and  why  is  this  division 
made? 

8.  What  is  the  source  of  the  powers  (1)  of  the  United  States 
government,  (2)  of  the  state  governments? 

9.  What  was  the  ordinance  of  nullification?  Of  what  doc- 
trine was  it  an  expression?  How  has  this  question  been  finally 
settled  ? 

10.  Give  Mr.  Gladstone's  opinion  of  the  Constitution. 

11.  Give  the  substance  of  Mr.  Bryce's  statement  regarding 
the  working  of  the  Constitution. 


CHAPTER  XIX 

LEGISLATIVE    DEPARTMENT:     ITS    ORGANIZATION 

The  Two  Houses.  In  the  United  States,  legislative  power 
is  vested  in  a  Congress  consisting  of  two  Houses,  called  the 
Senate  and  the  House  of  Representatives  —  the  first  chosen 
in  such  a  way  as  to  make  it  representative  of  the  states, 
that  is,  representative  of  the  federal  idea  ;  the  latter  chosen 
in  such  a  way  as  to  make  it  representative  of  the  people 
as  a  whole,  that  is,  of  the  national  idea.  In  the  Constitu- 
tional Convention  there  was  almost  unanimous  agreement 
that  the  new  Congress  should  consist  of  two  Houses.  The 
failure  of  the  old  Congress  of  the  Confederation,  with  its 
single  house,  the  much  more  satisfactory  experience  of  the 
states  with  their  two-chamber  systems,  and,  most  of  all, 
doubtless,  the  faith  of  the  convention  in  the  efficacy  of 
a  system  of  "  checks  and  balances,"  all  helped  to  secure 
unanimity  on  this  point.  It  was  intended  that  each  House 
should  act  as  a  check  upon  the  other,  thus  preventing  over- 
hasty  or  ill-advised  legislation.  We  have  already  seen  whence 
the  names  "Senate"  and  "House  of  Representatives"  were 
derived,  and  how  it  came  about  that  the  basis  of  represen- 
tation, in  the  two  Houses  is  different  (pp.  186  and  193). 

Number  of  Members.  In  size  the  two  branches  of  the 
legislature  differ  greatly,  though  in  neither  is  the  number 
of  members  a  fixed  one.  The  House  of  Representatives, 
sometimes  called  the  lower  House,  often  simply  the  House, 

203 


204  ACTUAL  GOVERNMENT  OF  NEW  YORK 

is  by  far  the  more  numerous.  The  Constitution  provides 
that  the  number  of  representatives  shall  not  exceed  one  for 
every  thirty  thousand  of  such  population  as  is  entitled  to 
representation,  though  every  state  is  to  have  at  least  one 
representative ;  and  in  order  to  apportion  the  representa- 
tives, provision  was  made  for  a  decennial  census,  the  first 
enumeration  to  be  made  within  three  years  after  the  first 
meeting  of  Congress.  Until  the  first  enumeration  should 
be  made,  the  Constitution  arbitrarily  apportioned  the 
representatives  among  the  states,  making  the  whole  num- 
ber sixty-five.  So  long  as  slavery  existed,  the  population 
entitled  to  representation  consisted  of  all  free  persons, 
including  those  bound  to  a  term  of  service,  and  excluding 
untaxed  Indians,  together  with  three  fifths  of  the  slaves. 
Since  the  passing  of  the  Fourteenth  Amendment  it  has  con- 
sisted of  the  whole  number  of  persons  in  each  state  except 
untaxed  Indians. 

Since  the  meeting  of  the  first  Congress  the  number  of 
members  in  the  House  of  Representatives  has  been  increased 
with  the  increase  of  population,  though  not  in  direct  pro- 
portion. After  every  decennial  census  Congress  deter- 
mines what  shall  be  the  whole  number  of  representatives, 
and  they  are  then  apportioned  among  the  states  according 
to  population.  By  act  of  Congress,  approved  August,  191 1, 
to  take  effect  March  4,  1913,  the  number  of  representatives 
was  fixed  at  435,  which  is  in  the  ratio  of  one  representative 
to  about  220,000  of  the  population.  In  the  first  House  the 
ratio  was  one  for  about  every  61,000.  The  criticism  is 
sometimes  made  that  the  House  has  become  so  large,  as  to 
be  unwieldy,  but  it  is  still  small  in  comparison  with  the 
lower  houses  of  the  leading  European  legislatures.  In 
England  the  corresponding  body  consists  of  670  members ; 
in  France,  of  602  ;  in  Italy,  of  508.     If   a  new  state  is 


The  United  States  Senate  Chamber  (above)  and  the  Chamber 
or  the  House  or  Representatives  (below) 


205 


206     ACTUAL   GOVERNMENT  OF  NEW  YORK 

admitted  after  an  apportionment  act  is  passed,  the  new 
members  are  additional  to  those  provided  for  by  the  act. 

Besides  the  regular  representatives  from  the  states, 
there  are  in  the  House  delegates  from  the  territories,  each 
organized  territory  being  entitled  to  one.  These  delegates 
have  the  privilege  of  speaking  on  any  question  affecting 
their  territories,  but  are  allowed  no  vote.  Since  represen- 
tation in  the  Senate  is  based  on  the  states  and  divided 
among  all  the  states  equally,  each  state  being  entitled 
to  two  senators,  that  body  also  increases  in  size  with 
the  admission  of  every  new  state.  Composed  at  first  of 
twenty-six  members,  it  now  numbers  ninety-six. 

The  Suffrage.  The  members  of  the  House  of  Representa- 
tives are  chosen  directly  by  the  people  in  each  state.  At 
the  time  of  the  Constitutional  Convention  the  limitations 
upon  the  suffrage  differed  very  considerably  in  the  differ- 
ent states,  and  it  seemed  wisest  to  leave  to  the  states  the 
matter  of  deciding  who  should  have  the  right  to  vote  for 
representatives ;  consequently  it  was  provided  that  the 
electors  (those  possessing  the  right  to  vote)  in  each  state 
should  have  the  qualifications  necessary  for  electors  of 
the  most  numerous  branch  of  the  state  legislature.  By 
the  Fourteenth  and  Fifteenth  amendments  of  1868  and 
1870,  however,  some  restrictions  were  placed  upon  this 
unqualified  right  of  the  states  to  fix  the  limitations  of  the 
suffrage.  By  the  Fifteenth  Amendment  the  s.ates  are  for- 
bidden to  abridge  the  right  to  vote  "  on  account  of  race, 
color,  or  previous  condition  of  servitude,"  while  the  Four- 
teenth brings  strong  pressure  to  bear  in  favor  of  manhood 
suffrage  by  providing  for  a  reduction  of  the  basis  of  repre- 
sentation in  proportion  as  any  state  abridges  the  franchise 
of  any  male  citizen  twenty-one  years  of  age  except  for 
participation    in    crime.     In    spite    of    these    restrictions, 


LEGISLATIVE   DEPARTMENT:    ORGANIZATION     207 

however,  it  is  possible  for  the  electoral  franchise  by  which 
the  members  of  the  national  House  of  Representatives  are 
chosen  to  differ  widely  in  the  different  states.  As  a  matter 
of  fact,  the  differences  are  small.  There  is  practically  man- 
hood suffrage  everywhere,  except  for  the  disqualification  in 
some  states  of  paupers,  illiterates,  and  other  defective  or 
delinquent  classes. 

Qualifications  of  Representatives.  The  qualifications  fixed 
by  the  Constitution  for  members  of  the  House  of  Represent- 
atives are  three:  the  person1  chosen  must  be  (1)  at  least 
twenty-five  years  of  age ;  (2)  for  seven  years  or  more  a 
citizen  of  the  United  States  ;  and  (3),  when  elected,  an  inhab- 
itant of  the  state  from  which  he  is  chosen.  But  universal 
custom  and,  in  some  states,  state  law  have  placed  a  further 
restriction  by  requiring  the  representative  to  be  also  a  resi- 
dent of  his  congressional  district.  The  advisability  of  this 
additional  qualification  has  been  questioned.  In  Europe, 
where  this  local  restriction  does  not  generally  exist,  it  has 
been  found  that  representatives  of  one  district  elected  from 
some  other  are  not  less  well  informed  as  to  local  needs 
or  less  zealous  in  behalf  of  their  constituents  than  those 
chosen  from  their  own  districts.  It  is  argued  against  the 
system  that  it  tends  to  lower  the  general  level  of  ability  in 
the  legislative  body,  —  on  the  one  hand,  by  returning  men  of 
inferior  grade  from  some  districts  where  there  is  less  talent 
or  where  the  ablest  men  do  not  seek  to  enter  politics  ;  on 
the  other,  by  barring  out  men  of  superior  ability  in  districts, 
such  as  those  of  the  large  cities  in  the  older  states,  where 
able  men  are  more  numerous  than  the  places  to  be  filled. 
In  spite  of  criticism,  however,  there  is  a  deep-rooted  public 

1  In  November,  191 6,  Montana  elected  Miss  Jeannette  Rankin  to  Congress. 
She  was  the  first  woman  elected  to  that  body.  She  cast  her  first  vote  against 
the  declaration  of  war  with  Germany.     She  was  not  reelected  in  1918. 


208   ACTUAL  GOVERNMENT  OF  NEW  YORK 

sentiment  in  favor  of  the  restriction.  Besides  the  feeling 
of  local  pride,  which  forbids  the  supposition  that  a  better 
candidate  could  be  found  outside  the  district  than  within 
it,  and  the  less  commendable  desire  to  reward  local  politi- 
cal services  with  such  offices,  there  is  a  profound  belief 
that  no  one  can  understand  local  needs  or  be  so  zealous  in 
behalf  of  local  interests  as  one  residing  in  the  community 
represented. 

Exclusion  of  Members-Elect.  These  are  the  only  restric- 
tions imposed  upon  the  people  in  the  choice  of  their  rep- 
resentatives ;  but  it  does  not  necessarily  follow  that  every 
representative  chosen  by  a  constituency  will  be  seated  in 
the  national  legislature.  The  House  has  more  than  once 
asserted  its  right  to  exclude  members-elect  for  treason  or 
other  crime.  During  the  Civil  War  an  act  was  passed 
requiring  of  persons  elected  to  office  a  test  oath  that  de- 
barred great  numbers,  and  Congress  has  always  maintained 
its  right  to  exclude  members-elect  in  case  something  in 
their  character  or  career  is  strongly  condemned  by  public 
sentiment.  It  was  on  this  principle  that  the  House  of 
Representatives  acted  in  January,  1900,  when  it  excluded 
Brigham  H.  Roberts  of  Utah  as  "  a  violator  of  federal  law 
relating  to  polygamy  and  its  attendant  crimes  " ;  and  the 
Senate  in  July,  191 1,  when  it  excluded  William  H.  Lorimer 
of  Illinois  for  employing  corrupt  methods  to  secure  his 
election. 

Length  of  Term.  While  the  term  of  a  representative  is 
fixed  by  the  Constitution  at  two  years,  reelection  is  pos- 
sible as  often  as  may  be  pleasing  to  the  constituents.  As 
a  matter  of  fact,  however,  it  is  not  the  general  practice, 
except  perhaps  in  some  of  the  older  Eastern  states,  to  re- 
turn the  same  man  term  after  term.  In  order  to  be  even 
moderately  sure  of  retaining  his  seat  through  two  or  three 


LEGISLATIVE  DEPARTMENT:    ORGANIZATION     209 

successive  terms,  a  representative  must  usually  be  either 
a  very  adroit  politician  or  an  eminent  party  leader.  The 
result  is  that  a  congressman's  whole  period  of  service  in  the 
House  is  not  likely,  on  the  average,  to  be  more  than  four 
years,  and  that  at  each  biennial  election  the  composition 
of  the  House  is  greatly  changed,  about  half  the  members 
being  new  men.  This,  it  is  urged  on  the  one  hand,  is  an 
advantage  in  a  number  of  ways :  rotation  in  office  helps 
to  keep  our  institutions  democratic ;  the  biennial  elections 
tend  to  keep  the  people  alive  to  the  political  questions  of 
the  day ;  the  shortness  of  the  term  assists  in  preventing 
any  extensive  political  jobbery ;  and  the  occurrence  of  an 
election  in  the  middle  of  the  president's  term  acts  as  a 
check  upon  him  by  giving  the  people,  if  they  wish  it,  an 
opportunity  to  express  disapproval  of  his  policy  by  return- 
ing a  House  politically  opposed  to  him.  On  the  other 
hand,  there  is  at  least  one  unquestionable  objection  to 
the  shortness  of  the  term :  it  practically  obliges  the  man 
who  is  ambitious  for  a  political  career  to  devote  his  best 
energy  to  the  securing  of  his  reelection  rather  than  to  the 
serious  study  of  legislative  problems.  Mr.  Bryce  says  of 
this :  "  No  habit  could  more  effectually  discourage  noble 
ambition  or  check  the  growth  of  a  class  of  accomplished 
statesmen.  There  are  few  walks  of  life  in  which  experi- 
ence counts  for  more  than  it  does  in  parliamentary  politics. 
It  is  an  education  in  itself — an  education  in  which  the 
quick-witted  Western  American  would  make  rapid  prog- 
ress were  he  suffered  to  remain  long  enough  at  Washing- 
ton. At  present  he  is  not  suffered,  for  .  .  .  nearly  one 
half  of  each  successive  house  consists  of  new  men,  while 
the  old  members  are  too  much  harassed  by  the  trouble 
of  procuring  their  reelection  to  have  time  or  motive  for  the 
serious  study  of  political  problems." 


210  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Elections.  The  times,  places,  and  manner  of  holding 
elections  for  members  of  Congress  are  left  by  the  Con- 
stitution to  the  state  legislatures,  though  the  right  is  re- 
served to  Congress  to  alter  such  regulations  of  the  state 
legislatures  at  any  time,  "  except  as  to  the  place  of  choos- 
ing senators."  Since  the  adoption  of  the  Constitution, 
Congress  has  thought  best  to  fix  the  time  for  and  define 
the  manner  of  holding  these  elections.  For  the  election  of 
representatives  the  time  prescribed  is  the  first  Tuesday 
after  the  first  Monday  in  November  of  the  even-numbered 
years.  As  to  the  manner  of  election  the  practice  of  the 
states  at  first  varied,  some  electing  their  members  by  dis- 
tricts, others  electing  them  on  a  common  ticket  for  the 
whole  state.  This  last  method,  often  called  election  by 
general  ticket  or  "  at  large,"  usually  resulted  in  giving 
to  the  party  that  carried  the  state  the  whole  number  of 
representatives,  though  the  defeated  party  might  have 
been  almost  equal  in  numbers.  Since  1842  the  states 
have  been  required  to  elect  representatives  by  districts 
only,  though  under  certain  conditions  they  are  given  per- 
mission to  elect  by  general  ticket.  The  division  of  the 
state  into  districts  is  left  to  the  state  legislatures. 

Gerrymandering.  This  power  of  marking  out  the  con- 
gressional districts  has  given  the  state  legislatures  a  very 
important  part  in  determining  the  composition  of  the  House 
by  means  of  the  process  known  as  "  gerrymandering"  ;  nor 
have  the  restrictions  placed  upon  the  states  greatly  dimin- 
ished that  influence.  The  process  of  gerrymandering  con- 
sists in  laying  out  the  districts  in  such  a  way  as  to  secure 
for  the  political  party  making  the  division  a  majority  in 
as  many  districts  as  possible.  Thus,  where  a  district  is 
in  any  case  hopelessly  lost  to  the  gerrymandering  party, 
district  lines  are  manipulated  in  such  a  way  as  to  throw 


LEGISLATIVE  DEPARTMENT:    ORGANIZATION     211 

into  it  as  large  a  proportion  of  political  opponents  as  pos- 
sible ;  where  a  district  is  doubtful,  it  is  strengthened  by- 
adding  to  it  some  town  or  section  strongly  favorable.  In 
interpreting  the  act  of  1872,  by  which  it  was  required  that 
the  territory  composing  the  district  should  be  compact  and 
contiguous,  any  territory  has  been  regarded  as  contiguous 
that  touches  the  district  at  a  single  point ;  and  as  a  result 
some  districts  have  been  created  quite  as  absurd  in  contour 
as  that  which  first  gave  rise  to  the  term  "  gerrymander."  * 
In  Missouri,  in  order  to  throw  as  great  a  number  of 
negro  voters  as  possible  into  a  single  district,  one  was 
created  that  measured  along  its  windings  a  greater  length 
than  the  state  itself.  Other  historic  examples  are  the 
one-time  famous  "  shoe-string "  district  of  Mississippi 
(500  miles  long  by  40  broad),  the  "  dumb-bell  "  district  of 
Pennsylvania,  and  the  "monkey-wrench"  district  of  Iowa. 

Representatives  at  Large.  If,  after  a  census,  the  num- 
ber of  representatives  in  any  state  has  been  increased,  and 
the  legislature  fails  to  redistrict  the  state  before  the  next 
congressional  election,  the  additional  representatives  are 
chosen  on  a  general  ticket  and  are  known  as  "  representa- 
tives at  large." 

Vacancies.  In  case  a  member  wishes  to  resign  for  any 
reason,  he  does  so  by  letter  to  the  governor  of  his  state. 
If  a  seat  becomes  vacant  by  the  death,  resignation,  or  ex- 
pulsion of  a  member,  the  governor  issues  a  writ  for  a  new 
election. 

'  The  name  is  said  to  have  had  its  origin  in  an  incident  connected  with 
the  redistricting  of  Massachusetts  by  the  Republican  legislature  in  181 1, 
while  Elbridge  Gerry  was  governor.  In  the  redistribution  one  of  the  dis- 
tricts had  assumed  a  somewhat  lizard-like  form.  This  was  shown  on  a  map 
hanging  over  the  desk  of  the  editor  of  an  opposition  paper.  The  painter, 
Gilbert  Stuart,  happening  to  observe  the  figure,  promptly  added  head,  wings, 
and  claws,  remarking,  "That  will  do  for  a  salamander."  "Better  say  a 
Gerrymander,"  replied  the  editor,  and  the  word  passed  into  the  language. 


212      ACTUAL   GOVERNMENT  OF  NEW  YORK 

Election  Expenses.  There  are  always,  of  course,  expenses 
connected  with  an  election  —  some  necessary  (for  example, 
for  clerks,  polling  booths,  printing,  etc.) ;  some  perhaps 
not  absolutely  necessary,  yet  regarded  as  quite  legitimate ; 
some  entirely  illegitimate.  The  official  expenses  are  paid 
out  of  the  public  treasury.  The  total  expense  varies  greatly 
from  district  to  district.  In  some  districts  it  is  very  small ; 
in  other  warmly  contested  districts,  especially  in  large 
cities,  it  mounts  up  into  the  thousands  of  dollars.  It  is 
certain  that  bribery  is  resorted  to  more  or  less  frequently, 
but  circumstances  make  proof  of  the  offense  so  difficult 
that  an  election  is  not  often  contested  on  that  ground. 
The  power  of  deciding  contested  election  cases  rests  with 
the  House,  which  does  not  meet  until  a  year  after  the  elec- 
tion. Since  such  a  contest  is  likely  to  drag  over  the  greater 
part  of  the  first  session,  there  is  a  general  disinclination  to 
enter  upon  it,  the  shortness  of  the  term  making  it  seem 
hardly  worth  while. 

The  House  :  Officers.  The  first  business  before  a  new 
Congress  is  naturally  the  business  of  organization  and  the 
election  of  officers.  In  the  House  these  officers  are  Speaker, 
clerk,  sergeant  at  arms,  doorkeeper,  postmaster,  and  chap- 
lain, only  the  first  of  whom  is  a  member  of  the  House.  The 
term  of  the  Speaker  expires  with  the  Congress  that  elected 
him ;  the  other  officers  hold  over  until  their  successors  are 
chosen.  In  the  organization  of  a  new  House  the  clerk  of 
the  preceding  one  plays  an  important  part.  It  is  his  busi- 
ness to  make  up  the  roll  of  the  new  House  from  the  certified 
returns  of  the  states,  and  in  doing  this  he  is  obliged  to  en- 
roll all  who  hold  regular  certificates,  even  though  a  question 
of  their  validity  has  been  raised.  Thus,  even  those  whose 
seats  are  contested  take  part  in  the  organization  of  the 
House.     Until  the  House  elects  a  Speaker,  the  clerk  of  the 


LEGISLATIVE   DEPARTMENT:    ORGANIZATION     213 

old  House  also  acts  as  presiding  officer  and  is  expected  in 
his  rulings  to  deal  fairly  with  all  concerned.  In  case,  as 
sometimes  happens,  the  election  of  a  Speaker  is  more  than 
a  formal  ratification  by  the  House  of  a  choice  made  in  the 
caucus  of  the  majority  party,  this  duty  of  presiding  may 
make  the  clerk  of  the  House  for  a  time  an  important  figure 
politically.  The  ordinary  duties  of  the  clerk  are  to  keep  a 
record  of  all  questions  of  order  that  arise,  to  certify  to  the 
passage  of  bills,  to  keep  an  account  of  disbursements,  to 
keep  the  House  journal  and  take  charge  of  its  printing. 

The  duties  of  the  doorkeeper,  postmaster,  and  chaplain 
are  sufficiently  indicated  by  their  names.  To  the  ser- 
geant at  arms  is  intrusted  the  task  of  keeping  order  in 
the  House.  He  also  acts  as  paymaster  of  the  house,  pay- 
ing members  and  delegates  their  salaries  and  mileage.  The 
Speaker  is  the  most  important  officer  in  the  House.  In- 
deed, he  has  been  called  "  the  second  if  not  the  first  political 
figure  in  the  United  States."  Since  his  special  duties  and 
powers  will  be  described  in  another  connection  (pp.  278- 
280),  it  will  here  suffice  to  say  that  he  performs  in  the  House 
the  usual  duties  of  a  presiding  officer,  and  calls  a  member 
to  the  chair  when  the  House  resolves  itself  into  a  "  com- 
mittee of  the  whole,"  that  is,  when  it  changes  itself  from  a 
legislative  to  a  deliberative  assembly  in  order  to  consider 
particular  questions  before  taking  legislative  action  upon 
them. 

Method  of  Choice.  Nominally  the  officers  of  the  House 
are  chosen  directly  by  the  House ;  actually  they  have  al- 
ready been  chosen  before  the  House  takes  action  in  the 
matter.  The  real  choice  is  made  at  a  caucus  of  the  major- 
ity party,  where  a  list  of  the  officers  is  agreed  upon.  When 
these  nominations  are  made  in  the  House,  the  party  votes 
solidly  for  them  and  the  election  is  of  course  assured.     To 


214   ACTUAL  GOVERNMENT  OF  NEW  YORK 

be  sure,  the  majority  could,  if  it  chose,  reject  the  decision 
of  the  caucus ;  but  it  does  not  choose,  so  that  the  election 
by  the  House  virtually  amounts  to  a  mere  formal  ratifica- 
tion of  the  choice  made  in  the  caucus. 

The  Senate  :  its  Origin  and  Character.  Turning  now 
to  the  Senate,  we  find  ourselves  dealing  with  a  body  in  some 
respects  very  different  in  character  from  the  House  of  Rep- 
resentatives. It  is  often  supposed  that  the  Senate  had  its 
origin  in  the  necessity  for  conciliating  the  small  states.  As 
we  have  already  seen,  this  is  an  erroneous  idea  (p.  187). 
From  the  first  there  was  practically  unanimous  agreement 
in  the  Constitutional  Convention  that  the  national  legis- 
lature should  consist  of  two  Houses.  Some  sort  of  Senate 
we  should  have  had  in  any  case.  When  the  necessity  for 
conciliating  the  small  states  arose  out  of  the  question  as  to 
what  should  be  the  basis  of  representation  in  the  national 
legislature,  it  did  nothing  but  determine  the  form  of  the 
Senate.  It  made  it  representative  of  the  federal  idea  (the 
idea  that  this  is  a  union  of  states),  which  is  just  as  true 
and  just  as  important  as  the  national  idea  (the  idea  that 
the  people  of  the  United  States  collectively  form  a  single 
nation,  one  and  indivisible).  Ever  since  the  convention 
the  provision  of  the  Constitution  giving  the  states  equal 
representation  in  the  Senate  has  found  opponents.  It  is 
argued  that  it  is  not  fair,  not  in  keeping  with  democratic 
institutions,  that  Nevada,  for  instance,  with  her  98,726  x 
inhabitants,  should  have  as  much  legislative  power  in  the 
Senate  as  New  York  with  her  9,773,81 7. l  The  criticism 
overlooks  the  fact  that  the  framers  of  our  Constitution 
did  not  intend  to  form  a  simple  democratic  government  for 
a  consolidated  state.  They  were  building  a  federal  state. 
Certainly,  aside  from  the  fact  that  for  the  framers  of  the 

1  Census  of  1915. 


LEGISLATIVE   DEPARTMENT:    ORGANIZATION     215 

Constitution  it  was  a  practical  necessity,  the  plan  of  equal 
representation  of  the  states  in  the  Senate  offers  advantages. 
It  gives  a  real  justification  for  the  division  of  the  legislature 
into  two  Houses,  by  providing  a  distinctly  different  basis  of 
representation ;  and  it  forms  a  link  between  the  state  and 
national  governments. 

The  Senate  :  Constitutional  Provisions.  The  constitu- 
tional provisions  determining  the  character  and  organiza- 
tion of  the  Senate  may  be  summed  up  very  briefly.  The 
significance  of  some  of  them  will  have  to  be  considered 
more  at  length.  According  to  the  Constitution  the  Senate 
is  to  be  composed  of  two  senators  from  each  state,  chosen 
by  the  people,1  for  a  term  of  six  years.  Any  person  so 
chosen  must  have  attained  the  age  of  thirty  years,  must 
have  been  for  nine  years  a  citizen  of  the  United  States, 
and  must,  when  elected,-  be  an  inhabitant  of  the  state 
from  which  he  is  chosen.  It  was  provided  that  after  the 
first  election  the  senators  were  to  be  divided  as  equally 
as  possible  into  three  classes,  the  first  to  retain  their  seats 
for  two  years,  the  second  for  four,  and  the  third  for  six,  so 
that  one  third  of  the  Senate  might  be  chosen  every  second 
year.  When  vacancies  occur  in  the  representation  of  any 
state,  the  executive  of  such  state  issues  writs  of  election 
to  fill  such  vacancies.  The  state  legislature  may  authorize 
the  governor  to  make  temporary  appointments  pending 
the  election  to  fill  vacancies.  The  vice  president  of  the 
United  States  is  to  be  president  of  the  Senate,  but  has  no 
vote  except  in  case  of  a  tie.  The  Senate  is  to  elect  also  a 
president  pro  tempore  (who  presides  when  the  vice  president 
is  absent)  and  such  other  officers  as  it  chooses.  Every 
senator  is  to  have  a  vote ;  that  is,  the  vote  in  the  Senate 
is  to  be  by  individuals,  not  by  states. 

1  See  Seventeenth  Amendment,  p.  Ixxiii. 


216  ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Senate  :  Objects  Aimed  At.  It  is  interesting  to  note 
how  these  provisions  have  determined  the  character  of  the 
Senate,  sometimes  resulting  as  the  framers  of  the  Constitu- 
tion intended  that  they  should,  sometimes  giving  most  un- 
expected results.  Their  main  object  was  to  create  in  the 
Senate  a  dignified,  conservative  body  possessed  of  practical 
experience  and  superior  intellectual  ability,  which  was  to 
act  as  a  check  both  upon  the  " democratic  recklessness"  of 
the  House  and  the  "  monarchical  tendencies  "  of  the  execu- 
tive. It  was  hoped  that  the  higher  age  qualification  would 
result  in  sending  to  the  Senate  men  of  wider  information 
and  greater  stability  of  character  than  that  ordinarily  pos- 
sessed by  members  of  the  House,  while  the  indirect  manner 
of  election  (changed  by  the  Seventeenth  Amendment)  and 
the  length  of  the  term  were  intended  to  secure  greater  in- 
dependence of  action  than  was  possible  or  desirable  in  the 
lower  House.  In  order  that  it  might  be  an  effective  check 
upon  the  executive,  it  was  deemed  necessary  that  the 
Senate  should  be  made  to  share  to  a  certain  extent  execu- 
tive power.  Hence  its  comparatively  small  size.  This, 
too,  was  the  primary  reason  for  the  division  of  the  Senate 
into  classes.  One  of  its  chief  executive  functions  is  to 
share  in  the  management  of  foreign  affairs  —  a  function 
that  can  be  satisfactorily  performed  only  by  a  body  pos- 
sessing sufficient  permanency  to  assure  a  certain  continuity 
of  policy.  By  retiring  only  one  third  of  the  Senate  every 
two  years  such  permanency  is  secured.  A  "  new  House  " 
is  created  every  second  year;  a  "  new  Senate  "  never. 

Election  of  Senators.  Of  those  clauses  of  the  Constitu- 
tion dealing  with  the  Senate,  the  one  providing  for  a  method 
of  electing  the  senators  was  perhaps  the  most  conspicuous 
failure.  The  Constitution  provided  simply  that  they  were 
to  be  elected  by  the  state  legislatures,  the  time  and  manner 


LEGISLATIVE   DEPARTMENT:    ORGANIZATION     217 

of  holding  such  elections  being  left  to  the  decision  of  the 
states,  though  the  right  was  reserved  to  Congress  "  to 
make  or  alter  such  regulations  by  law  "  at  any  time.  Up 
to  1866  Congress  took  no  action  in  the  matter.  Then  a 
federal  law  was  passed  providing  a  uniform  method  of 
election.  This  required  that  each  House  should  first  vote 
separately  for  the  election  of  a  senator.  If  the  choice  of 
both  Houses  did  not  fall  upon  the  same  person,  they  were 
to  meet  in  joint  session  and  take  a  viva  voce  vote,  a  majority 
of  each  House  being  present  and  a  majority  of  the  whole 
legislature  being  required  for  election.  If  there  was  still 
no  election,  the  joint  assembly  must  meet  on  each  succeed- 
ing day  and  take  at  least  one  vote  until  a  choice  was  made. 
These  provisions  so  often  resulted  in  abuse  of  various  kinds 
(the  deadlock,  the  breaking  of  a  quorum,  etc.)  that  agita- 
tion arose  in  favor  of  direct  election  of  senators,  and  a 
number  of  the  state  legislatures  formally  recorded  their 
approval  of  the  plan. 

Movement  toward  Direct  Election  by  the  People.  The 
objections  urged  against  the  election  of  United  States 
senators  by  the  state  legislatures  were  by  no  means  trifling. 
The  tendency  was  unquestionably  to  carry  the  strife  of 
national  parties  into  the  state  legislatures  and  there  to 
make  national  party  interests  paramount,  to  the  detriment 
of  state  interests.  This  method  of  election  was  charged 
"  with  the  deterioration  of  state  legislatures,  with  the 
growth  of  machine  rule,  with  the  purchasability  of  senator- 
ships,  and  with  the  decline  of  the  United  States  itself." 
Various  methods  of  securing  something  like  a  direct  elec- 
tion began  to  be  used.  The  choice  of  senator  was  fre- 
quently made  through  the  expression  of  the  party  caucus, 
later  ratified  by  the  majority  party  in  the  state  legislature, 
thus  bringing  the  actual  election  one  step  nearer  to  direct 


218  ACTUAL  GOVERNMENT  OF  NEW  YORK 

election  by  the  people.  This  was  done  in  response  to  the 
demand  of  the  people  to  choose  their  own  representatives 
in  the  Senate,  and  undoubtedly  influenced  Congress  to 
propose  the  amendment  to  the  Constitution  providing  for 
the  direct  election  of  senators  by  the  people  at  general 
elections.  Another  method  which  had  its  influence  on 
Congress  was  the  practice  of  the  state  of  Nebraska.  In 
that  state,  voters,  when  voting  for  members  of  the  state 
legislature,  were  permitted  "  to  express  by  ballot  their 
preference  for  some  person  for  the  ofhce  of  United  States 
senator."  The  votes  cast  for  such  candidates  were  can- 
vassed and  returned  in  the  same  manner  as  for  state  ofhcers. 
Where  such  a  system  prevailed,  any  party  could  propose  a 
qualified  candidate  for  senator  and  secure  an  expression  of 
popular  approval  or  disapproval  throughout  the  state.  Of 
course,  the  legislature  was  not  then  bound  by  law  to  elect 
a  candidate  who  might  have  been  indicated,  in  such  a  man- 
ner, as  the  people's  choice ;  but  the  political  power  of  any 
unmistakable  expression  of  popular  opinion  is  very  great, 
and  such  an  expression  would  naturally  be  ratified  in  the 
state  legislature.  It  was  also  quite  generally  the  custom 
in  the  Southern  states  to  nominate  United  States  senators 
at  the  primaries,  and  such  nominations  were  considered 
morally  binding  upon  the  state  legislature. 

The  Seventeenth  Amendment  and  Direct  Election. 
Several  times  a  resolution  for  an  amendment  to  the  Constitu- 
tion to  procure  the  direct  election  of  senators  by  the  people 
passed  the  House  but  failed  in  the  Senate.  Finally  the 
second  session  of  the  Sixty-second  Congress  passed  a  resolu- 
tion (191 2)  approving  a  constitutional  amendment  for  this 
purpose.  The  amendment  had  to  be  ratified  by  three 
fourths  of  the  state  legislatures  (see  Art.  V,  p.  lxvii).  This 
was  done,  and  the  state  of  Georgia  was  the  first  to  choose 


LEGISLATIVE   DEPARTMENT:    ORGANIZATION     219 

a  senator  under  the  provisions  of  this  amendment  (July, 
1913).  In  1915  the  terms  of  one  third  of  the  members  of 
the  Senate  expired.  At  the  general  election  in  November, 
1914,  their  successors  were  elected  by  direct  vote  of  the 
people. 

The  Senate :  its  Officers.  The  officers  of  the  Senate, 
except  the  president,  are  chosen  by  that  body.  They  are 
president,  president  pro  tempore,  secretary,  chief  clerk, 
sergeant  at  arms,  chaplain,  postmaster,  librarian,  and  door- 
keeper. None  of  these  except  the  president  pro  tempore  is 
a  member  of  the  Senate.  As  we  have  already  seen  (p.  215), 
the  vice  president  of  the  United  States  is  ex  officio  president 
of  the  Senate.  He  cannot  vote  except  in  case  of  a  tie,  nor 
does  he  appoint  the  committees,  they  being  chosen  by  the 
Senate.  The  president  pro  tempore,  on  the  other  hand,  has 
a  vote  on  any  question,  but  cannot  cast  the  deciding  vote 
in  case  of  a  tie.  The  vice  president,  having  taken  the  oath 
of  office  at  his  inauguration,  takes  up  his  duties  as  presiding 
officer  on  the  first  day  of  the  session  and  administers  the 
oath  of  office  to  the  new  senators. 

Privileges  of  Members  of  Congress.  The  members  of 
both  Houses  are  by  the  Constitution  granted  certain  privi- 
leges, on  the  one  hand,  and  subjected  to  certain  restrictions, 
on  the  other.  Except  in  the  case  of  treason,  felony,  or 
breach  of  the  peace  they  are  exempt  from  arrest  while 
attending  sessions  of  the  legislature  or  while  going  to  or 
coming  from  such  meetings ;  and  they  cannot  be  subjected 
to  question  outside  the  legislature  for  any  speech  or  debate 
uttered  there.  The  object  of  taking  this  extraordinary  pre- 
caution to  secure  freedom  of  person  and  freedom  of  speech 
to  a  member  of  Congress  is  of  course  to  prevent  his  dis- 
trict from  being  actually  deprived  of  its  representation  by 
means  of  a  false  charge  against  him,  or  practically  deprived 


220  ACTUAL  GOVERNMENT  OF  NEW  YORK 

of  it  by  muzzling  his  utterances.  Besides  thus  securing 
them  special  privileges,  the  Constitution  provides  that 
congressmen  shall  be  paid  for  their  services  out  of  the 
federal  treasury.  The  question  as  to  whether  salaries 
should  be  paid  to  the  national  legislators  was  warmly  dis- 
cussed in  the  Constitutional  Convention.  English  practice 
was  opposed  to  it;  the  practice  of  the  states  favored  it. 
The  convention  followed  the  example  set  by  the  states,1 
partly  in  the  belief  that  men  of  ability  might  thus  be  en- 
abled to  enter  the  public  service  who  would  otherwise  be 
debarred  by  poverty,  partly  with  a  feeling  that  the  salary 
might  be  a  means  of  making  positions  in  the  national  legis- 
lature attractive  enough  to  compete  with  those  of  the 
state  legislatures.  The  Constitution  left  the  amount  of  the 
salary  to  be  determined  by  law,  and  it  has  been  changed 
several  times.  Both  senators  and  representatives  receive 
$7500  per  year,  with  20  cents  per  mile  for  traveling  ex- 
penses to  and  from  Washington,  and  $125  for  stationery. 
Each  senator  is  allowed  $1800  per  year,  and  each  repre- 
sentative $1500  per  year  for  a  clerk.  The  Speaker  of  the 
House  receives  $12,000  per  year  and  mileage  ;  the  president 
pro  tempore  the  same  while  acting  as  president  of  the 
Senate. 

Disabilities.  On  the  other  hand,  members  of  the  federal 
legislature  are  disqualified  for  appointment  to  "  any  civil 
office  under  the  authority  of  the  United  States  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  "  during  their  term  of  service ;  and  United 
States  officials  cannot  become  members  of  the  national 
legislature  and  at  the  same  time  continue  in  office.  The 
object  of  the  first  part  of  this  provision  was  to  remove  a 

1  Bryce  presents  the  arguments  on  the  other  side.  See  Vol.  I,  pp.  194- 
195  and  note. 


LEGISLATIVE  DEPARTMENT:    ORGANIZATION    221 

possible  temptation  on  the  part  of  members  to  create  offices, 
or  increase  the  salaries  attaching  to  offices  already  existing, 
for  the  sake  of  profiting  by  them  personally.  The  last  part 
is  another  example  of  concession  made  to  appease  state 
jealousy,  the  states  fearing  that  the  admission  of  United 
States  officials  to  seats  in  Congress  would  give  the  national 
government  undue  influence  over  the  states. 

Sessions  of  Congress.  The  time  fixed  by  the  Constitu- 
tion for  the  meeting  of  Congress  is  the  first  Monday  in 
December.  As  we  have  already  noted  (p.  210),  the  elec- 
tions for  members  of  the  House  fall  in  November  of  the 
even-numbered  years,  but  the  House  elected  at  that  time 
does  not  meet  until  December  of  the  following  year.  There 
are  two  sessions  of  each  Congress  :  the  first,  or  long,  session, 
beginning  the  first  Monday  in  December  a  year  after  elec- 
tion and  continuing  usually  until  midsummer,  though  it 
would  be  possible  for  it  to  continue  until  December ;  and 
the  second,  or  short,  session,  beginning  likewise  in  December 
one  year  after  the  opening  of  the  first  session  and  continu- 
ing until  the  fourth  of  March  following,  when  the  Congress 
expires.  Thus  it  will  be  seen  that  one  session  of  each 
Congress  is  held  after  its  successor  has  been  elected,  and 
that  it  is  possible  for  the  expiring  Congress  to  pass  legis- 
lation of  which  the  people  have  already  expressed  disap- 
proval by  electing  a  House  of  a  different  political  complexion. 
Bills  may  carry  over  from  the  long  to  the  short  session  in 
the  House  and  perish  with  the  arrival  of  March  4,  but 
Senate  bills  do  not  die  by  the  passing  of  time.  The  daily 
sessions  last  usually  from  noon  until  four  or  six  o'clock, 
but  may  be,  and  often  are,  prolonged  until  late  at  night, 
particularly  toward  the  end  of  the  session.  Each  Congress 
exists  for  two  years  and  has  two  sessions.  The  Sixty-fifth 
Congress  began  on  the  first  Monday  in  December,  19 17. 


222      ACTUAL  GOVERNMENT  OF  NEW  YORK 

Quorum.  It  is  provided  by  the  Constitution  that  a 
majority  of  each  House  shall  constitute  a  quorum,  but  a 
smaller  number  may  adjourn  from  day  to  day  and  may 
compel  the  attendance  of  absent  members.  There  has 
been  some  discussion  as  to  whether  "  a  majority  of  each 
House  "  means  a  majority  of  the  whole  number  that  might 
possibly  be  elected  or  a  majority  of  those  who  are  actually 
members  — ■  in  other  words,  whether  vacancies  should  be 
counted.  The  view  has  generally  been  held  that  they 
should  not.  In  case  there  is  no  quorum,  and  fifteen  mem- 
bers and  the  Speaker  are  present,  they  may  proceed  to 
compel  the  attendance  of  absentees  by  closing  the  doors 
of  the  House,  calling  the  roll,  noting  the  absent  members, 
and  then  by  a  majority  vote  of  those  present  authorizing 
the  sergeant  at  arms  to  arrest  and  bring  into  the  House 
such  members  as  have  no  sufficient  excuse  for  absence. 

Procedure.  Each  House  is  given  the  power  of  determin- 
ing its  own  rules  of  procedure  and  of  enforcing  them  by 
punishing  disorderly  members  even  to  the  extent  of  ex- 
pelling them,  but  the  concurrence  of  two  thirds  of  the 
House  is  necessary  for  expulsion.  In  order  that  the  public 
may  be  kept  informed  of  the  proceedings  of  Congress,  each 
House  is  required  to  keep  a  journal  and  to  publish  it  from 
time  to  time,  "  excepting  such  parts  as  may  in  their  judg- 
ment require  secrecy."  The  debates,  however,  are  pub- 
lished daily  in  the  Congressional  Record,  not  in  the  journal. 

Adjournment.  In  the  matter  of  adjournment  the  Con- 
stitution provides  that  "  neither  House,  during  the  session 
of  Congress,  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  Houses  shall  be  sitting."  This  provision 
is  designed  to  prevent  the  blocking  of  legislation  by  the 
adjournment  of  one  of  the  Houses.     If  the  two  Houses  can 


LEGISLATIVE   DEPARTMENT:    ORGANIZATION     223 

come  to  no  agreement  as  to  the  time  of  adjournment,  the 
president  may  adjourn  them  to  such  time  as  he  deems 
proper. 

Comparison  with  Congress  of  the  Confederation.  We 
have  already  noted  the  significance  of  some  of  the  differ- 
ences between  the  Congress  created  by  the  Articles  of  Con- 
federation and  that  created  by  the  Constitution.  It  may 
be  well  here  to  summarize  briefly  the  chief  differences  in 
the  organization  of  the  two  bodies. 

(1)  The  Congress  of  the  Confederation  consisted  of  a 
single  House ;  that  created  by  the  Constitution  consists 
of  two  Houses. 

(2)  Under  the  Confederation  each  state  was  entitled  to 
representation  through  delegates  ranging  from  two  to 
seven  in  number ;  under  the  Constitution  members  are 
apportioned  according  to  population  in  the  House,  and  by 
states  in  the  Senate,  two  for  each  state. 

(3)  Under  the  Confederation  the  terms  of  delegates  were 
one  year  in  length ;  under  the  Constitution  representatives 
serve  two  years,  senators  six. 

(4)  Under  the  Confederation  delegates  were  chosen  from 
each  state  as  the  legislature  of  the  state  might  direct; 
under  the  Constitution  representatives  and  senators  are 
elected  by  the  people. 

(5)  Under  the  Confederation  each  state  had  but  a  single 
vote,  no  matter  what  the  number  of  delegates ;  under  the 
Constitution  each  senator  and  representative  has  his  in- 
dividual vote  (that  is,  Ohio  24,  New  York  45,  etc.). 

(6)  Under  the  Confederation  the  salaries  of  delegates 
were  paid  by  the  states ;  under  the  Constitution  they  are 
paid  by  the  United  States. 


224      ACTUAL   GOVERNMENT   OF  NEW  YORK 

Library  References.  Macy,  chap,  xxxiii,  pp.  211-217;  Macy, 
First  Lessons,  chap,  xvii;  Dawes,  chap,  h,  pp.  1 19-127,  139-141 ; 
Bryce,  Vol.  I,  chaps,  x,  xii-xiii,  xix;  Hinsdale,  chaps,  xvii-xx,  xxiii ; 
Wilson,  §§  1054-1061,  1 064-1073 ;  Federalist;  Madison,  Journal  of 
Convention;  Fiske,  pp.  220-228;  Harrison,  chaps,  ii-iii ;  Curtis, 
Vol.  I,  chaps,  xxii-xxiii,  xxv;  Wilson,  Congressional  Government, 
pp.  219-230  ;  Dole,  chap,  xii ;  Alton,  chaps,  ii-iii,  viii ;  Lalor,  Articles 
on  Gerrymander,  Senate,  House  of  Representatives;  Woodburn,  pp. 
196-210,  214-222,  230-231,  239-243,  246-255. 

QUESTIONS    ON   THE   TEXT 

1.  Describe  the  legislative  department  of  the  national 
government. 

2.  Why  was  it  thought  best  to  have  Congress  consist  of 
two  Houses  ?  What  are  the  advantages  of  having  two  branches 
in  Congress? 

3.  Give  in  substance  the  provision  of  the  Constitution  in 
reference  to  apportionment  of  representatives. 

4.  How  is  the  number  of  members  composing  the  House 
of  Representatives  determined?  State  the  number  composing 
the  present  House.     When  may  this  number  be  increased? 

5.  What  state  has  the  largest  number  of  members  in  the 
House  of  Representatives?     Why? 

6.  How  are  members  of  the  lower  House  elected? 

7.  State  the  qualifications  required  for  membership  in  the 
House  of  Representatives,  and  explain  the  importance  of  two 
of  these  requirements. 

8.  How  long  is  the  term  of  office  of  a  member  of  the  House 
of  Representatives? 

9.  How  are  vacancies  in  the  office  of  representative  filled? 

10.  Define  bribery. 

11.  Mention  the  principal  duties  of  the  Speaker  of  the  House 
of  Representatives. 

12.  State  the  basis  of  representation  in  (1)  the  Senate; 
(2)  the  House  of  Representatives.     Why  this  difference? 


LEGISLATIVE  DEPARTMENT:    ORGANIZATION     225 

13.  State  the  conditions  of  eligibility  to  the  office  of  senator. 

14.  Give  with  respect  to  a  senator  (1)  length  of  term; 
(2)  minimum  age ;    (3)  salary ;    (4)  duties. 

15.  One  third  of  the  members  of  the  Senate  are  chosen  once 
in  two  years.  Give  reasons  for  the  gradual  change  in  member- 
ship. 

16.  Explain  why  the  Constitution  provides  that  the  term  of  a 
member  of  the  House  of  Representatives  shall  be  shorter  than  the 
term  of  a  senator. 

17.  How  are  senators  elected?  By  what  amendment  was 
this  secured?  Give  the  principal  arguments  for  and  against 
the  election  of  senators  by  direct  vote  of  the  people. 

18.  State  how  the  president  pro  tempore  of  the  Senate  is 
chosen,  and  mention  one  duty. 

19.  How  do  the  two  Houses  of  Congress  differ  as  to  the  way 
in  which  the  presiding  officer  is  chosen? 

20.  Under  what  circumstances  are  the  presiding  officers  in 
Congress  entitled  to  vote? 

21.  Mention  two  privileges  conferred  by  the  Constitution  on 
senators  and  representatives  in  Congress,  and  give  a  reason  for 
each  provision. 

22.  What  privilege  have  members  of  Congress  as  to  arrest, 
and  why  is  this  privilege  given  them  ? 

23.  How  often  does  Congress  meet  ? 

24.  Define  "  quorum  "  ;  "majority";  "plurality."  What  is 
meant  by  the  "Sixty-fourth  Congress"? 

25.  In  what  respects  did  Congress  under  the  Confederation 
differ  from  Congress  under  the  Constitution? 

26.  Explain  the  following :  "  Each  Congress  exists  for  two 
years  and  has  two  sessions." 

27.  When  may  the  president  adjourn  Congress  ?  Has  this 
ever  occurred  ? 


CHAPTER  XX 

LEGISLATIVE  DEPARTMENT:    ITS  POWERS  AND 
LIMITATIONS 

The  Taxing  Power.  When  the  makers  of  our  Con- 
stitution, in  drafting  the  document,  came  to  assign  powers 
to  the  Congress  for  which  they  had  provided,  they  dealt 
first  of  all  with  those  powers  relating  to  the  matter  of 
money,  and  they  placed  at  the  head  of  the  list  the  power 
"  to  lay  and  collect  taxes,  duties,  imposts,  and  excises." 
Experience  under  the  Articles  of  Confederation  had  taught 
them  the  absolute  necessity  of  placing  the  power  of  taxa- 
tion in  the  hands  of  the  central  government,  if  it  were  to 
continue  to  exist.  They  had  learned  that  no  government 
can  in  any  true  sense  be  a  government  —  that  it  cannot 
even  continue  to  be  —  unless  it  has  the  power  of  securing  the 
means  for  its  own  continuance.  This  power  is  to  a  govern- 
ment what  the  power  of  securing  food  is  to  an  individual 
of  the  animal  world.  However  highly  endowed  in  other 
respects,  if  it  lacks  this,  it  must  soon  succumb.  The  power 
of  taxation  is  the  ultimate  means  through  which  govern- 
ment accomplishes  the  objects  for  which  it  exists.  This 
the  framers  of  the  Constitution  recognized,  for  in  clothing 
Congress  with  this  power  they  stated  that  it  was  in  order 
that  it  might  "  pay  the  debts  and  provide  for  the  common 
defense  and  general  welfare  of  the  United  States." 

Taxes:  Classification.  What,  then,  are  these  "taxes, 
duties,  imposts,  and  excises  "  that  Congress  is  empowered  to 

226 


The  Arrowrock  Dam,  Boise,  Idaho  (above),  and  One  of 
the  Great  Government  Irrigating  Canals  (below) 

These  great  projects,  constructed   by  our  government,   have  made   fertile 

hundreds  of  thousands  of  acres  of  desert  land 

227 


228     ACTUAL   GOVERNMENT  OF  NEW  YORK 

lay  and  collect  ?  How  do  they  differ  from  each  other,  and  how 
are  they  laid  and  collected?  "Tax"  is  the  general  name 
for  money  demanded  by  government  for  public  purposes 
from  those  under  its  authority.  Duties,  imposts,  and  ex- 
cises are  all  taxes.  Taxes  are  divided  into  two  general 
classes — -direct  and  indirect.  A  tax  is  direct  when  it  is 
paid  by  the  person  from  whom  government  demands  it  — 
for  example,  poll  taxes  and  taxes  on  land,  property,  or 
income.  Indirect  taxes  "  are  those  which  are  demanded 
from  one  person  in  the  expectation  and  intention  that  he 
shall  indemnify  himself  at  the  expense  of  another,"  that  is, 
they  are  levied  on  goods  before  they  reach  the  person  who 
uses  them,  and  are  paid  by  him  as  a  part  of  the  price,  not 
as  a  tax.  Duties,  imposts,  and  excises  are  indirect  taxes. 
With  the  exception  of  an  income  tax,  provided  for  by  the 
Sixteenth  Amendment,  direct  taxes  in  the  United  States 
are  levied  only  by  state  and  municipal  governments,  the 
revenue  for  the  general  government  being  largely  derived 
from  indirect  taxes;  but  Congress  has  at  various  times  levied 
direct  taxes.  The  reason  for  the  discontinuance  of  direct 
taxes  is  that  under  present  constitutional  requirements  a 
direct  tax  is  apt  to  work  injustice  to  some  sections.  Con- 
gress may  levy  an  income  tax  but  is  forbidden  by  the  Con- 
stitution to  lay  any  other  direct  tax  except  in  proportion  to 
population.  If,  then,  one  state  has  twice  as  many  inhab- 
itants as  another,  it  must  pay  twice  as  large  a  share  of  any 
direct  tax  that  may  be  levied.  That  seems  just  at  first 
sight,  but  as  a  matter  of  fact  the  state  that  has  twice  as 
large  a  population  as  another  has  in  general  more  than 
twice  as  much  wealth,  so  that  the  tax  falls  more  heavily  on 
the  less  populous  states. 

Indirect  Taxes :    Duties.   It  is,  then,  in  indirect  taxes 
that    we    are     chiefly    interested.     Duties    (also    called 


LEGISLATIVE  DEPARTMENT:    POWERS       229 

customs)  are  taxes  laid  upon  goods  exported  or  imported. 
The  term  "  imposts  "  is  by  some  writers  restricted  to  duties 
upon  imports,  but  the  distinction  is  not  generally  made. 
Since  Congress  is  forbidden  by  the  Constitution  to  tax 
articles  exported  from  any  state,  duties  in  the  United 
States  are  always  import  duties.  They  are  of  two  kinds  — 
specific  and  ad  valorem.  Specific  duties  are  fixed  amounts 
of  taxation  laid  upon  the  unit  of  measurement  of  the 
article  taxed ;  that  is,  the  duty  is  chargeable  by  quantity, 
weight,  or  number.  An  ad  valorem  duty  is  one  levied  at 
a  certain  rate  per  cent  on  the  value  of  the  commodity  taxed ; 
that  is,  the  duty  is  chargeable  according  to  the  value  of 
the  article.  Sometimes  both  a  specific  and  an  ad  valorem 
duty  are  levied  upon  the  same  article. 

The  Tariff.  In  order  that  duties  may  be  imposed  as 
desired,  the  government  sees  to  it  that  a  list  of  goods, 
with  the  duties  to  be  paid  on  them,  is  made  out  and  placed 
in  the  hands  of  the  proper  officials.  Such  a  list  is  called 
a  tariff  or  a  tariff  schedule.  The  term  "  tariff  "  is  applied 
also  to  the  duties  imposed  according  to  such  a  list  (that  is, 
to  the  resulting  revenue),  as  well  as  to  a  law  regulating  im- 
port duties.  Tariff  questions  have  played  a  very  important 
part  in  the  history  of  the  United  States,  becoming  at  times 
the  main  point  at  issue  between  the  two  great  political 
parties.  Such  questions  arise  out  of  differences  of  opinion 
as  to  what  should  be  the  purpose  of  government  in  impos- 
ing duties.  When  a  duty  is  laid  upon  an  imported  article, 
the  importer  simply  increases  the  price  of  it  sufficiently 
to  indemnify  himself  for  the  amount  paid  to  the  govern- 
ment.1    Thus  the  price  may  be  increased  to  such  an  extent 

1  In  theory,  a  tariff  for  any  purpose  is  added  to  the  price  of  the  goods 
to  the  consumer.  In  fact,  however,  competition  between  producers  in  the 
same  country,  advantages  in  transportation,  and  the  law  of  supply  and 


230   ACTUAL  GOVERNMENT  OF  NEW  YORK 

that  if  the  article  can  be  produced  in  this  country  at  all,  it 
will  be  cheaper  to  produce  it  here  than  to  buy  it  abroad. 
In  this  way  a  new  industry  may  be  created,  or  an  existing 
one  that  was  in  danger  of  being  forced  out  of  existence  may 
be  enabled  to  continue.  This  policy  of  creating  or  foster- 
ing home  industries  by  means  of  the  imposition  of  duties 
is  known  as  the  policy  of  protection,  and  those  who  be- 
lieve that  it  is  the  duty  of  government  to  maintain  such  a 
policy  are  called  protectionists.  Their  opponents,  the  so- 
called  free  traders,  do  not  generally  insist  upon  a  policy 
of  absolute  free  trade.  They  admit  that  Congress  has  the 
right  to  impose  duties,  but  insist  that  they  should  be 
for  the  purpose  of  producing  revenue  only. 

Excises.  The  other  kind  of  taxes  through  which  the 
government  obtains  revenue  for  its  support  is  that 
known  as  excises.  These  are  taxes  levied  upon  the  con- 
sumption, sale,  or  manufacture  of  commodities  within  the 
country.  The  revenue  resulting  from  them  is  known  as 
"  internal  revenue."  Liquors  and  tobacco  are  the  commod- 
ities most  commonly  subjected  to  this  kind  of  taxation, 
but  are  by  no  means  the  only  ones.  When  it  became  nec- 
essary, in  order  to  pay  the  expenses  of  the  Spanish- Ameri- 
can War,  for  the  government  to  secure  additional  revenue, 
the  list  of  articles  producing  internal  revenue  was  greatly 
increased.  A  tax  was  levied  on  bankers  and  brokers,  on 
all  sorts  of  proprietary  articles  (patent  medicines,  perfumes, 
etc.),  and  on  legal  documents  (such  as  bank  checks,  tele- 
graph and  telephone  messages,  express  receipts,  etc.).  These 
documentary  taxes  were  collected  by  requiring  that  a 
stamp  *  be  affixed  to  the  documents. 

demand  so  modify  the  theory  that  in  many  cases  the  price  to  the  consumer 
is  equal  to  or  less  than  the  foreign  price. 

1  A  later  instance  is  the  stamp  tax  of  1914,  levied  to  meet  the  deficit  in 
revenue  due  to  a  reduction  in  imports  caused  by  the  European  War. 


LEGISLATIVE   DEPARTMENT:    POWERS       231 

Collection  of  Taxes.  Considerable  expense  attaches  to 
the  collection  of  these  federal  taxes.  In  order  to  collect  the 
import  duties,  the  government  has  designated  certain  places 
along  the  coasts  and  other  boundaries  to  be  used  as  ports 
of  entry.  At  these  places  customhouses  are  established  in 
charge  of  officials  known  as  collectors  of  customs,  who, 
with  their  assistants,  called  inspectors,  are  charged  with 
the  duty  of  examining  goods  coming  into  the  country  and 
assessing  the  duties  upon  them  according  to  the  existing 
tariff  rates.  At  New  York,  the  principal  port  of  entry  in 
the  United  States,  nearly  two  thousand  officers  and  clerks 
are  employed  in  this  work.  Besides  customhouse  em- 
ployees, the  government  is  obliged  also  to  keep  in  its  serv- 
ice a  large  number  of  special  agents  and  revenue  cutters 
to  prevent  smuggling,  as  the  illegal  importation  of  duti- 
able commodities  is  called.  The  collection  of  excises 
is  under  the  supervision  of  the  Commissioner  of  Internal 
Revenue,  who  is  the  head  of  one  of  the  bureaus  of  the 
Treasury  Department.  The  country  is  divided  into  revenue 
districts,  each  district  in  charge  of  a  collector,  whose  duty 
it  is  to  see  that  the  laws  are  enforced  in  his  district. 

The  Power  to  Borrow.  Next  after  the  power  of  taxa- 
tion, the  Constitution  places  in  the  hands  of  Congress  the 
power  "  to  borrow  money  on  the  credit  of  the  United 
States."  Under  normal  conditions  every  well-regulated 
government  is  able  to  provide  the  means  for  its  support 
by  the  ordinary  methods  of  taxation ;  but  emergencies, 
such  as  war,  requiring  suddenly  increased  expenditures, 
may  arise,  and  the  government  must  then  obtain  revenue 
either  by  additional  taxation  or  by  borrowing  or  by  both. 
Of  course  all  money  borrowed  by  the  government  must 
ultimately  be  paid  by  taxation,  so  that  the  two  are  closely 
connected.     Borrowing  only  shifts  a  part  of  the  burden 


232   ACTUAL  GOVERNMENT  OF  NEW  YORK 

of  taxation  to  a  later  date,  to  the  shoulders  of  a  later 
generation  in  most  cases.  The  ordinary  method  employed 
by  government  for  borrowing  money  is  the  sale  of  bonds. 
A  government  bond  is  the  same  in  nature  as  a  promissory 
note  given  by  an  individual  when  he  borrows  money.  It 
is  the  government's  promise  to  pay  a  certain  sum  at  a 
certain  time,  with  interest.  Sometimes  bonds  are  made  pay- 
able at  the  option  of  the  government  after  a  certain  mini- 
mum number  of  years,  but  fall  due  within  a  certain 
maximum  number.  The  United  States  government  has 
also  borrowed  money  by  issuing  treasury  notes.  These  are 
not  really  different  in  character  from  bonds,  but  they  are 
generally  smaller  in  denomination  and  run  for  shorter 
periods.  A  third  method  is  that  employed  by  the  gov- 
ernment in  the  legal-tender  acts  of  Civil  War  times.  These 
acts  really  provided  for  a  forced  loan  from  the  people. 
Congress  authorized  the  issue  of  a  large  number  of  United 
States  notes,  which  it  declared  legal  tender;  that  is,  this 
money  must  be  accepted  in  the  payment  of  debt. 

Money:  its  History.  Another  important  power  vested 
in  Congress  is  the  power  of  coining  money  and  regulating  its 
value  and  that  of  foreign  coin.  This  is  not  the  place  to 
enter  upon  a  detailed  discussion  of  the  origin  and  history 
of  money.  It  will  be  sufficient  to  note  that  as  soon  as 
trade  begins  to  develop,  men  begin  to  feel  the  need  for 
some  convenient  medium  of  exchange,  that  is,  for  some  sort 
of  money.  Different  substances  have  been  used  for  this 
purpose  among  different  peoples  at  various  times,  but  metals, 
and  particularly  gold  and  silver,  have  been  found  most 
convenient  and  have  been  generally  adopted.  At  first  the 
mere  bits  of  metal  were  used,  their  value  being  determined 
by  weighing.  Later  they  were  wrought  into  some  sort  of 
form  and  marked  in  some  way  to  indicate  their  weight ;  in 


LEGISLATIVE   DEPARTMENT:    POWERS       233 

other  words,  they  were  coined ;  but  this  process,  being  at 
first  in  private  hands,  could  give  neither  uniformity  nor  as- 
surance of  value.  Thus  governments  began  to  assume  this 
function  of  coinage,  and  the  government  stamp  became  a 
pledge  of  the  value  of  the  coin. 

Power  of  Coinage.  United  States  Money.  At  the  time 
of  the  adoption  of  the  Constitution  there  was  no  uniform 
monetary  system  in  the  country ;  the  money  in  circulation 
consisted  of  a  variety  of  foreign  coins  —  Spanish  dollars, 
English  shillings,  etc. ;  and  the  need  for  uniformity  had 
become  obvious.  This  was  secured  by  vesting  in  Con- 
gress alone  the  power  of  coining  money  and  regulating 
its  value.  The  actual  process  of  coining  money  is  carried 
on  by  the  government  at  its  mints.  Of  these  the  first  was 
established  at  Philadelphia  in  1792,  and  this  still  remains 
the  principal  one.  Since  then  mints  have  been  established 
at  San  Francisco,  New  Orleans,  Denver,  and  Carson 
City.  The  government  also  maintains  a  number  of  assay 
offices  —  places  where  gold  and  silver  are  brought  to  be 
tested  for  the  purpose  of  determining  their  purity.  The  coin- 
age of  money  is  under  the  direction  of  one  of  the  bureaus  of 
the  Treasury  Department,  known  as  the  United  States  Mint. 
The  officer  in  charge  of  this  bureau  is  called  the  director 
of  the  mint.  Gold,  silver,  nickel,  and  bronze  are  the  metals 
used  in  coins.  At  present  the  gold  coins  issued  from  the 
mints  of  the  United  States  are  the  double  eagle,  eagle,  half 
eagle,  and  quarter  eagle;  the  silver  coins  are  the  dollar, 
half  dollar,  quarter  dollar,  and  dime ;  the  minor  coins 
are  the  nickel  and  one-cent  piece.  The  gold  coins  and 
the  silver  dollars  have  been  declared  legal  tender  for 
any  amount,  except  when  the  contract  stipulates  other- 
wise ;  the  smaller  silver  coins,  in  sums  not  exceeding  ten 
dollars ;  the  other  coins,  up  to  twenty-five  cents.     Besides 


234  ACTUAL  GOVERNMENT  OF  NEW  YORK 

its  coins  the  United  States  also  issues  paper  money, 
made  at  the  Bureau  of  Printing  and  Engraving  under  the 
direction  of  the  Treasury  Department.  The  kinds  of  paper 
money  now  in  circulation  are  United  States  notes,  silver 
certificates,  gold  certificates,  treasury  notes  of  1890,  national 
bank  notes,  and  notes  of  the  Federal  Reserve  banks. 

Counterfeiting.  We  have  seen  that  the  power  of  con- 
trolling the  monetary  system  of  the  country  was  put  into  the 
hands  of  Congress  in  order  that  the  people  might  be  able  to 
count  upon  its  uniformity  and  the  value  and  genuineness  of 
the  money  issued.  To  accomplish  this  fully  it  was  neces- 
sary that  another  power  should  be  granted  to  Congress  — 
namely,  the  power  "  to  provide  for  the  punishment  of  coun- 
terfeiting the  securities  and  current  coin  of  the  United 
States."  To  counterfeit  anything  is  "to  make  a  copy  of 
it  without  authority  or  right,  and  with  a  view  to  deceive 
or  defraud  by  passing  the  copy  as  original  or  genuine." 
In  the  matter  of  money  the  law  regards  it  as  counterfeiting 
either  (1)  to  manufacture,  (2)  to  put  into  circulation,  or 
(3)  to  have  in  possession  with  intent  to  circulate  forged 
coins  or  securities  of  the  United  States.  The  forged  coins 
may  be  of  equal  weight  and  purity  with  those  of  the 
government ;  they  are  none  the  less  counterfeit.  By  the 
term  "  securities  of  the  United  States  "  is  meant  the  bonds, 
paper  money,  etc.  mentioned  above,  together  with  postage 
and  revenue  stamps.  So  important  is  it  that  the  genuine- 
ness of  the  nation's  money  should  be  beyond  suspicion, 
that  the  penalties  provided  for  the  offense  of  counterfeit- 
ing are  extraordinarily  heavy,  and  not  only  the  general 
government  but  the  several  states  have  enacted  laws  for 
its  punishment.  It  is  also  forbidden  to  counterfeit  within 
the  United  States  the  coins,  notes,  bonds,  etc.  of  foreign 
governments. 


LEGISLATIVE   DEPARTMENT:    POWERS       235 

Power  to  regulate  Commerce.  It  will  be  remem- 
bered that  one  of  the  defects  of  the  Articles  of  Confederation 
was  that  they  left  the  control  of  commerce  entirely  in  the 
hands  of  the  separate  states,  with  what  unsatisfactory  re- 
sults we  have  already  seen  (p.  178).  It  will  be  remembered 
also  that  the  Constitutional  Convention  itself  grew  out  of  the 
attempts  made  through  the  Alexandria  and  Annapolis  con- 
ventions to  solve  these  difficult  commercial  problems,  and 
that  it  was  only  with  the  greatest  reluctance  that  some  of 
the  states  finally  yielded  to  the  general  government  the 
right  to  control  their  commercial  relations  with  other  states 
and  with  foreign  nations.  This  right  was  finally  yielded, 
however,  and  Congress  was  given  the  power  "  to  regulate 
commerce  with  foreign  nations  and  among  the  several 
states,  and  with  the  Indian  tribes."  Commerce  with  the 
Indian  tribes  was  a  matter  of  considerably  more  impor- 
tance in  1787  than  it  is  now,  and  its  regulation  by  the 
general  government  was  a  practical  necessity  if  frequent 
wars  were  to  be  avoided.  Foreign  and  interstate  com- 
merce, on  the  other  hand,  have  so  increased  in  volume, 
and  the  questions  involved  have  become  so  complex,  that 
it  would  be  now  more  than  ever  impossible  to  leave  the 
control  of  them  in  the  hands  of  the  states. 

Foreign  Commerce.  In  accordance  with  the  above- 
mentioned  provision,  Congress  has  enacted  a  great  variety  of 
laws  for  the  protection  and  facilitation  of  our  commerce. 
When  the  matter  of  taxation  was  under  discussion  (p.  231), 
it  was  noted  that  for  the  purpose  of  collecting  import 
duties  the  government  had  designated  certain  places  to  be 
used  as  ports  of  entry,  and  had  established  customhouses 
at  such  places.  At  these  ports  all  vessels  are  obliged 
to  clear  and  enter.  Before  a  vessel  leaves  port  the 
master  is  required  to  show  that  all  harbor  duties  have 


236  ACTUAL  GOVERNMENT  OF  NEW  YORK 

been  paid  and  all  regulations  observed.  Thereupon  the 
collector  of  customs  at  that  port  issues  a  certificate  called 
a  "  clearance,"  and  the  vessel  is  free  to  sail.  Upon  arrival 
in  port,  "  entry  "  is  accomplished  by  the  master's  reporting 
to  the  collector,  presenting  a  statement  of  his  cargo,  and 
delivering  the  clearance  received  at  his  last  port,  if  he  has 
touched  at  an  American  port.  Congress  has  also  passed 
navigation  laws  defining  the  nationality  of  our  ships  (that 
is,  determining  what  vessels  shall  be  regarded  as  Ameri- 
can), the  manner  of  their  registration,  the  privileges  that 
shall  be  granted  them,  and  the  conditions  under  which 
foreign  vessels  may  engage  in  the  commerce  of  the  country. 
Registration,  or  registry,  is  the  process  by  which  United 
States  vessels  secure  the  protection  of  this  government  in 
any  part  of  the  world.  There  is  issued  to  the  registered 
vessel  by  the  government  a  document  containing  a  general 
description  of  the  vessel,  and  this  is  intended  to  serve  as 
a  means  of  identification  and  a  certificate  of  protection. 
Only  vessels  owned  by  citizens  of  the  United  States  and 
built  in  this  country  are  registered.1  Under  the  authority 
of  this  provision  also  Congress  has  taken  measures  for  the 
protection  of  shipping  by  building  and  maintaining  light- 
houses and  buoys,  providing  life-saving  stations,  improving 
harbors,  establishing  quarantine  regulations,  requiring  the 
employment  of  licensed  pilots,  making  coast  surveys,  etc., 
and  has  undertaken  to  regulate  immigration  into  the 
United  States.  Admission  to  the  country  is  denied  to 
the  following  classes  of  persons :  the  Chinese,  convicts, 
insane  persons,  paupers  and  those  liable  to  become  paupers, 
polygamists,  anarchists,  persons  afflicted  with  contagious 
diseases,  and  laborers  under  contract   to  perform   labor 

1  In  1914  Congress  passed  a  law  admitting  foreign-built  ships  to  American 
registry. 


LEGISLATIVE  DEPARTMENT:    POWERS       237 

or  service  in  the  United  States,  excepting  persons  en- 
gaged in  the  professions  and  skilled  laborers  employed  in 
the  establishment  of  new  industries.  The  object  of  these 
restrictions  is  obviously  to  bar  out  those  classes  of  persons 
who,  for  various  reasons,  would  be  likely  to  constitute  an 
undesirable  element  in  the  population  —  that  is,  those  who, 
because  of  some  mental,  moral,  or  physical  defect,  could 
hardly  be  expected  to  become  desirable  citizens  and  might 
even  prove  dangerous ;  those  who  for  economic  reasons 
would  be  objectionable  in  the  eyes  of  a  large  proportion 
of  our  own  population ;  and  those  who,  because  of  wide 
racial  differences,  could  not  be  easily  Americanized. 

Interstate  Commerce.  Not  less  important  than  the  con- 
trol exercised  by  Congress  over  foreign  commerce  is  the 
power  granted  to  regulate  interstate  commerce.  In  inter- 
state commerce  is  included  not  only  land  traffic  between  the 
states,  but  also  coast  trade  and  commerce  upon  navigable 
rivers.  In  its  river  and  harbor  bills,  therefore,  Congress 
yearly  makes  large  appropriations  in  aid  of  interstate  com- 
merce. The  most  important  piece  of  legislation  in  regula- 
tion of  interstate  commerce  ever  passed  by  Congress  was 
the  Interstate  Commerce  Act  of  1887.  This  was  intended  to 
relieve  the  public  of  some  of  the  evils  that  had  grown  up 
in  connection  with  the  development  of  the  great  railway 
systems  of  the  country.  When  the  numerous  small  compet- 
ing lines  had  been  consolidated  into  a  few  great  systems  con- 
trolling a  very  large  proportion  of  all  interstate  commerce, 
combination  between  these  systems  for  the  purpose  of 
raising  freight l  and  passenger  rates,  or  securing  for  them- 
selves other  unfair  advantages,  became  comparatively  easy. 
The  Interstate  Commerce  Act  was  an  attempt  to  remedy 

1  See  Montague,  The  Rise  and  Progress  of  the  Standard  Oil  Company, 
New  York,  1903. 


238  ACTUAL  GOVERNMENT  OF  NEW  YORK 

such  evils.  Among  other  things  it  provided  (1)  that 
all  rates  should  be  reasonable ;  (2)  that  there  should  be 
no  unfair  discrimination  between  persons,  corporations,  or 
localities ;  (3)  that  equal  facilities  should  be  given  to  all 
connecting  lines ;  (4)  that  the  charge  for  a  short  haul 
should  not  be  greater  than  for  a  long  haul  under  sim- 
ilar conditions ;  (5)  that  there  should  be  no  pooling 1 
agreements  ;  and  (6)  that  an  Interstate  Commerce  Commis- 
sion should  be  created  to  supervise  the  administration  of 
the  law.  The  commission  created  in  accordance  with  the 
act  consists  of  five  persons  appointed  by  the  president  with 
the  consent  of  the  Senate.  It  has  power  to  investigate  all 
cases  brought  before  it,  to  take  testimony,  and  to  render 
decisions ;  but  it  cannot  enforce  its  decisions  by  the  in- 
fliction of  penalties.  That  can  be  done  only  by  regular 
process. of  the  courts,  and  since  conviction  is  a  difficult 
matter,  the  interstate  commerce  law  has  never  been  fully 
enforced.  Nevertheless,  the  commission  has  exercised 
great  influence  in  lessening  the  evils  that  the  law  was 
intended  to  correct. 

Antitrust  Law.  Another  important  legislative  act 
for  the  regulation  of  interstate  commerce  is  the  Federal 
Antitrust  Law,  or  Sherman  Act,  of  1890,  making  illegal 
"  any  contract,  combination  in  the  form  of  a  trust  or  other- 
wise, or  conspiracy  in  restraint  of  trade  or  commerce  among 
the  several  states  or  with  foreign  nations."  A  trust  is 
a  combination  of  manufacturers  in  any  particular  line, 
organized  for  the  purpose  of  securing  greater  economy  in 
production  and  preventing  some  of  the  losses  incident  to 

1  Pooling  is  an  arrangement  whereby  a  number  of  roads  turn  their 
earnings  into  a  common  fund  to  be  distributed  among  the  companies  con- 
cerned, in  proportions  agreed  upon  beforehand,  the  object  being  to  remove 
the  temptation  to  cut  rates.  Sometimes  the  freight  itself  is  divided  among 
the  roads  in  fixed  proportions. 


LEGISLATIVE   DEPARTMENT:    POWERS       239 

competition.  Those  who  form  a  trust  ordinarily  do  so  with 
the  hope  of  being  able  to  limit  the  output  of  the  commodity 
and  control  prices,  thus  violating  the  common-law  principle 
which  forbids  any  unreasonable  restraint  of  trade.  A  ma- 
jority of  the  states  have  therefore  passed  laws  prohibiting 
such  combinations  so  far  as  their  operations  affect  trade 
within  the  state,  while  the  Sherman  Antitrust  Law  attempts 
to  secure  like  protection  for  commerce  between  the  states 
and  with  foreign  nations. 

Bankruptcy  Laws.  The  right  of  Congress  to  establish 
"  uniform  laws  on  the  subject  of  bankruptcies  through- 
out the  United  States  "  may  likewise  be  looked  upon  as  a 
power  given  for  the  sake  of  enabling  the  government  to 
afford  more  effective  protection  to  interstate  commerce. 
The  power  of  Congress  to  pass  bankruptcy  laws  does  not 
interfere  with  the  retention  of  a  similar  power  by  the  states ; 
it  only  limits  the  power  of  the  states  in  this  matter.  State 
bankruptcy  laws  affect  only  contracts  made  within  the 
state  between  citizens  of  the  state.  Moreover,  during  the 
existence  of  a  national  bankruptcy  law,  state  laws  that  are 
in  conflict  with  it  in  any  particular  are  suspended. 

Piracy.  Congress  is  also  given  the  power  "  to  define  and 
punish  piracies  and  felonies  committed  on  the  high  seas  and 
offenses  against  the  law  of  nations."  Piracy,  or  robbery, 
committed  on  the  high  seas  or  committed  by  descent  upon 
the  coasts  from  the  sea  is  a  menace  to  commerce  and  must 
naturally  be  made  punishable  by  the  same  authority  whose 
duty  it  is  to  protect  commerce.  Felonies  committed  on 
the  high  seas  and  offenses  against  the  law  of  nations  are 
very  likely  also  to  have  to  do  with  commerce,  and  must 
in  any  case  be  made  punishable  by  the  United  States, 
since  the  law  of  nations  recognizes  only  the  government 
of  the  nation,  not  that  of  New  York  or  Ohio. 


240      ACTUAL   GOVERNMENT  OF  NEW  YORK 

Weights  and  Measures.  The  same  clause  of  the  Con- 
stitution that  gives  Congress  power  to  coin  money  gives  it 
authority  also  to  "fix  the  standard  of  weights  and 
measures."  Though  this  is  a  matter  of  considerable 
importance  to  trade,  it  was  not  until  1875  that  Congress 
established  a  Bureau  of  Weights  and  Measures,  and  not 
until  1 90 1  that  a  law  was  enacted  giving  full  effect  to  this 
grant  of  power  by  establishing  a  National  Standardizing 
Bureau  in  the  Treasury  Department. 

War  Powers.  We  have  seen  how  powerless  Congress 
was  under  the  Articles  of  Confederation  to  prosecute  a  vigor- 
ous war.  Fortunately,  before  they  went  into  effect  the  Rev- 
olution was  already  drawing  to  a  close  ;  and  although  they 
remained  the  fundamental  law  of  the  land,  the  government 
was  not  again  called  upon  to  face  the  emergency  of  war. 
The  members  of  the  Constitutional  Convention,  however, 
realized  the  danger  and  remedied  the  defect  of  the  old  gov- 
ernment by  granting  to  the  new  one  ample  military  powers. 
Congress  was  given  power 

(1)  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water ; 

(2)  To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  could  be  for  a  longer  term  than  two  years  ; 

(3)  To  provide  and  maintain  a  navy ; 

(4)  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces ; 

(5)  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  United  States,  suppress  insurrections,  and  repel 
invasions ; 

(6)  To  provide  for  organizing,  arming,  and  diseiplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving 
to  the  states  respectively  the  appointment  of  the  officers 


LEGISLATIVE   DEPARTMENT:    POWERS       241 

and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress. 

In  addition  to  these  powers  Congress  was  given  the  right 

(7)  To  exercise  exclusive  legislation  in  all  cases  whatso- 
ever in  connection  with  all  places  purchased,  by  the  consent 
of  the  legislature  of  the  state  in  which  the  same  shall  be, 
for  the  erection  of  forts,  magazines,  arsenals,  dockyards, 
and  other  needful  buildings. 

Declaration  of  War.  When  the  Constitutional  Conven- 
tion came  to  discuss  the  question  as  to  where  the  power  to 
declare  war  should  reside,  it  considered  the  plan  usually 
followed  by  European  nations,  of  leaving  that  prerogative 
with  the  executive.  The  question  was  settled,  however, 
by  adopting  what  it  felt  to  be  the  more  republican 
as  well  as  the  safer  principle,  of  granting  this  important 
power  to  the  representatives  of  the  people.  While  a 
formal  declaration  of  war  is  not  a  necessary  preliminary 
to  hostilities,  it  is  usual  for  a  nation  to  make  such  a 
declaration. 

Armies.  The  power  to  declare  war  implies  as  a  con- 
sequence the  power  to  raise  and  support  armies.  Under 
ordinary  circumstances  Congress  raises  armies  by  enlistment 
(voluntary  enrollment),  but  in  case  of  necessity  it  may  raise 
them  and  has  raised  them  by  conscription  or  draft  (forced 
enrollment).  It  rests  with  Congress  also  to  determine  the 
size  of  the  army  and  the  term  for  which  the  men  shall  serve  ; 
to  furnish  the  necessary  supplies  and  equipment ;  to  build 
fortifications,  arsenals,  barracks,  hospitals,  etc. ;  to  pro- 
vide schools  for  the  instruction  of  officers  and  men ;  to  do 
all  that  may  be  required  in  order  to  make  the  army  efficient. 
It  was  thought  best,  however,  in  giving  Congress  this  power 
of  raising  and  supporting  armies,  to  impose  an  important  re- 
striction.    It  was  provided  that  no  appropriations  for  this 


242      ACTUAL   GOVERNMENT   OF    NEW  YORK 

purpose  should  run  for  a  longer  term  than  two  years.  This 
keeps  the  army  strictly  dependent  upon  the  people  for  its 
existence  and  support  and  enables  the  people  to  control 
the  military  policy  of  the  country. 

The  Regular  Army.  The  policy  of  the  United  States  has 
been  to  keep  the  army  small,  relying  upon  the  militia  for 
defense  in  emergencies.  Fear  of  the  possible  power  of  the 
army,  our  geographical  position,  and  our  nonparticipation  in 
world  politics  are  the  reasons  for  this  policy.  Prior  to  1 899 
the  army  could  not  exceed  27,000  enlisted  men.  In  that 
year  Congress  increased  the  number  to  65,000.  In  1901  the 
maximum  was  raised  to  100,000,  and  in  1916  to  2ii,ooo.1 
Our  former  policy  concerning  world  politics  has  changed, 
owing  largely  to  the  conditions  growing  out  of  the  Spanish- 
American  War.  Our  insular  possessions,  our  rapid  increase 
in  population,  our  commercial  expansion,  and  the  changed 
conditions  in  Europe  demand  an  army  and  a  navy  equal  to 
the  task  of  defending  the  rights  of  our  people  and  of  repelling 
invasion.  In  times  of  peace  the  army  is  organized  into  divi- 
sions and  brigades.  In  times  of  actual  or  threatened  hostili- 
ties the  president  may  organize  these  into  army  corps,  or 
armies.  A  division  is  made  up  of  three  or  more  brigades  ;  a 
brigade,  of  three  or  more  regiments  ;  a  regiment,  if  infantry,2 
of  twelve  companies,  if  cavalry,  of  twelve  troops,  if  artillery, 
of  as  many  battalions  as  the  president  may  determine.  The 
president  is  commander-in-chief  (ex-ofhcio),  but  the  actual 
operations  of  the  army  are  directed  by  a  general.  A  division 
is  commanded  by  a  major-general,  a  brigade  by  a  brigadier- 
general,  a  regiment  by  a  colonel,  a  lieutenant-colonel,  and 

1  On  January  i,  191 8,  our  army  consisted  of  1,487,000  officers  and  men. 

2  For  the  World  War  an  infantry  regiment  consists  of  the  following  com- 
panies :  headquarters,  303  men;  supply,  140  men;  machine-gun,  178  men; 
medical,  56  men;  and  twelve  rifle,  256  men.  Total  strength,  3755  officers 
and  men.    There  are  three  battalions  composed  of  four  rifle  companies  each. 


LEGISLATIVE    DEPARTMENT:    POWERS       243 

three  majors,  a  company  or  troop  by  a  captain  and  first  and 
second  lieutenants.  Noncommissioned  officers  are  first  ser- 
geant, sergeant,  and  corporal.  The  general  staff  prepares 
plans  for  national  defense  and  for  mobilization. 

The  Militia.  Supplementing  the  regular  army  is  the 
militia.  This  is  made  up  of  all  able-bodied  male  citizens 
between  the  ages  of  eighteen  and  forty-five.  It  is  partly 
organized  and  partly  unorganized.  The  organized  portion, 
known  as  the  national  guard,  is  regularly  equipped,  drilled, 
and  officered  ;  but  this  work  is  done  by  the  states  accord- 
ing to  the  discipline  prescribed  by  Congress,  and  the  choice 
of  all  regimental  officers  of  the  militia  is  left  to  the  several 
states.  In  case  they  are  needed  "  to  suppress  insurrections 
or  repel  invasions,"  the  president  issues  a  call  to  the  gov- 
ernors of  the  states,  who  thereupon  furnish  the  necessary 
troops.  They  then  become  a  part  of  the  military  force  of  the 
United  States  and  are  subject  to  the  same  discipline  as  the 
regular  army.  Seven  times  the  militia  has  been  called  out : 
during  the  Whisky  Rebellion,  the  War  of  1 8 1 2,  the  Civil  War, 
the  Spanish-American  War,  to  suppress  the  Philippine  insur- 
rection, to  guard  the  Mexican  border,  and  in  the  World  War. 

The  Navy.  For  many  years  before  1883  the  United 
States  navy,1  as  compared  with  the  navies  of  the  Old  World, 
was  very  insignificant.  Only  for  a  short  period  during  and 
immediately  after  the  Civil  War  was  it  maintained  in  any- 
thing like  a  state  of  efficiency.  During  the  last  quarter  of 
a  century,  however,  the  rapid  expansion  of  our  commercial 
and  political  relations  with  distant  parts  of  the  world  has 
resulted  in  the  building  up  of  a  really  efficient  navy.  The 
power  granted  Congress  to  build  and  maintain  a  navy  im- 
plies, of  course,  the  power  to  do  whatever  may  be  necessary 

1  On  January  1,  1918,  our  navy  consisted  of  150,000  officers  and  men 
and  30,000  marines,  making  it  (probably)  second  only  to  Great  Britain. 


244  ACTUAL  GOVERNMENT  OF  NEW  YORK 

to  make  it  efficient  —  to  enroll  seamen,  construct  vessels, 
establish  navy  yards  and  docks,  furnish  supplies  and  muni- 
tions, and  provide  for  the  instruction  of  officers  and  men  in 
schools  or  otherwise.  In  some  states  a  naval  militia  has 
been  organized,  which,  if  called  into  service  in  time  of  war, 
mans  vessels  for  the  defense  of  the  harbors,  thus  freeing  the 
regular  naval  force  for  other  duties.  In  the  navy  the  offices 
of  admiral  and  vice  admiral  correspond  to  that  of  general 
in  the  army ;  that  is,  they  are  honorary  offices,  for  neither  of 
them  is  permanently  maintained.  The  office  of  rear  admiral 
corresponds  to  that  of  lieutenant  general  in  the  army.  The 
other  officers  are  commodores,  captains,  commanders,  lieu- 
tenant commanders,  lieutenants,  lieutenants  junior  grade, 
ensigns,  and  naval  cadets. 

Military  Law  and  Courts.  To  Congress  also  is  assigned 
the  duty  of  making  rules  for  the  government  and  regula- 
tions for  the  land  and  naval  forces.  Accordingly  there 
has  been  enacted  a  code  called  the  "  military  law,"  prescrib- 
ing tactics  and  arrangement  of  troops,  classifying  officers 
and  men,  regulating  their  pay,  defining  military  and  naval 
offenses,  and  providing  for  their  punishment  by  means  of 
special  tribunals  called  courts-martial  (military  courts), 
whose  jurisdiction  and  procedure  it  establishes. 

Letters  of  Marque  and  Reprisal ;  Captures.  It  will 
be  noticed  that  the  same  clause  that  gives  Congress  power 
to  declare  war  gives  it  also  the  power  to  "  grant  letters  of 
marque  and  reprisal  and  make  rules  concerning  captures 
on  land  and  water."  Letters  of  marque  and  reprisal  are 
permits  issued  by  a  national  government  in  time  of  war 
to  vessels  owned  and  officered  by  private  persons,  giving 
them  the  privilege  of  seizing  the  property  of  the  enemy 
wherever  found.  Such  vessels  are  called  privateers  and 
have   in  past  wars   wrought   great   injury   to   commerce. 


LEGISLATIVE   DEPARTMENT:    POWERS       245 

When  our  Constitution  was  framed,  the  custom  of  grant- 
ing letters  of  marque  and  reprisal  was  general,  but  in 
1856  an  agreement  was  entered  into  by  most  of  the  great 
European  powers  that  privateering  should  be  abolished. 
Neither  Spain  nor  the  United  States  was  a  party  to  this 
agreement,  and  at  the  breaking  out  of  the  Spanish- American 
War  the  question  of  permitting  privateering  came  up.  Our 
government  decided  to  observe  the  agreement  of  1856. 
Spain,  on  the  other  hand,  declared  in  favor  of  granting 
letters  of  marque  and  reprisal,  though  none  were  actually 
granted.  It  seems  hardly  likely  that  our  government  will 
ever  again  resort  to  this  method  of  naval  warfare.  The 
rules  laid  down  by  Congress  in  regard  to  captures  are 
briefly  as  follows  :  captures  on  land  are  the  property  of  the 
government ;  captures  on  the  water  are  sold.  If  the 
captured  vessel  is  superior  or  equal  in  rank  to  the  vessel 
making  the  capture,  the  proceeds  are  divided  among  the 
victorious  crew  according  to  the  pay  of  each ;  if  the  cap- 
tured vessel  is  of  inferior  rank,  half  the  proceeds  go  to  the 
government,  the  rest  to  the  crew. 

Military  Property.  We  have  already  seen  that  in  pro- 
viding and  maintaining  an  efficient  army  and  navy,  Con- 
gress has  need  of  a  large  amount  of  military  property, 
such  as  forts,  magazines,  arsenals,  dockyards,  etc.  Over 
all  places  purchased  from  the  states  for  the  purpose  of 
erecting  such  structures  or  any  other  necessary  buildings, 
Congress  is  of  necessity  given  the  right  to  exercise  exclusive 
legislation.  No  matter  in  what  state  they  may  be  located, 
they  are  never  subject  to  state  law,  except  that  the  states 
usually  reserve  the  right  to  serve  civil  and  criminal  writs  on 
persons  within  the  ceded  territory. 

Miscellaneous  Powers:  Naturalization.  Besides  the 
powers  granted  to  Congress  in  matters  relating  to  money, 


246      ACTUAL   GOVERNMENT  OF  NEW  YORK 

commerce,  and  war,  the  Constitution  also  confers  upon  it  a 
number  of  other  powers  not  easily  capable  of  classification. 
One  of  these  is  the  power  "  to  establish  a  uniform  rule  of 
naturalization."  "  Naturalization  "  is  the  term  applied  to  the 
process  by  which  persons  who  have  been  citizens  of  one 
country  become  citizens  of  another.  Before  the  adoption 
of  the  Constitution  each  state  made  its  own  naturalization 
laws,  without  much  regard  to  the  rules  existing  in  other 
states.  The  natural  result  was  confusion,  which  was  rem- 
edied by  giving  this  power  into  the  hands  of  the  general 
government.  Until  the  passage  of  the  Fourteenth  Amend- 
ment to  the  Constitution  some  question  existed  as  to  what 
constituted  citizenship  in  the  United  States.  That  amend- 
ment settles  the  question  by  declaring  that  "  all  persons 
born  or  naturalized  in  the  United  States,  and  subject  to 
the  jurisdiction  thereof,  are  citizens  of  the  United  States 
and  of  the  state  wherein  they  reside."  All  other  residents 
of  the  United  States  are  aliens. 

Naturalization  Laws.  Since  the  adoption  of  the  Con- 
stitution, Congress  has  passed  several  naturalization  laws. 
The  present  law  requires  that  the  alien  who  desires  to  be- 
come a  citizen  must  appear  before  a  court  of  record  at  least 
two  years  before  admission  to  citizenship,  and  there  declare 
on  oath  his- intention  to  become  a  citizen  and  to  renounce 
his  allegiance  to  any  other  government.  This  declaration 
is  then  recorded,  and  the  applicant  is  furnished  with  a  copy 
of  the  record.  Two  years  later  the  applicant  for  citizenship 
must  appear  in  open  court,  must  furnish  proof  that  he  has 
resided  continuously  in  the  United  States  for  five  years, 
and  in  the  state  or  territory  where  the  court  is  held  for  at 
least  one  year,  and  that  he  has  behaved  as  a  man  of  good 
moral  character.  He  must  then  take  an  oath  to  sup- 
port the  constitution  of  the  United  States  and  renounce 


LEGISLATIVE   DEPARTMENT:    POWERS       247 

allegiance  to  any  foreign  government.  If  he  has  held  any- 
foreign  title  or  order  of  nobility,  it  must  be  renounced. 
These  facts  are  then  recorded  and  a  certificate  of  naturaliza- 
tion is  granted.  The  wife  and  minor  children  of  a  natu- 
ralized citizen  become  citizens  through  his  naturalization. 
Minor  children  take  the  citizenship  of  their  parents. 
Thus  children  born  abroad  to  citizens  of  the  United  States, 
either  native  born  or  naturalized,  are  American  citizens. 
Naturalization  is  denied  to  Chinese. 

Postal  Service.  Another  of  the  miscellaneous  powers  be- 
longing to  Congress  is  the  power  "  to  establish  post  offices  and 
post  roads."  In  granting  this  authority  the  Constitutional 
Convention  was  simply  continuing  a  power  that  had  already 
been  delegated  to  the  general  government  by  the  Articles  of 
Confederation.  The  postal  service  is,  indeed,  so  obviously 
a  matter  that  can  be  better  managed  by  the  general  govern- 
ment than  by  the  states,  that  it  is  not  surprising  that  it 
aroused  little  discussion.  The  members  of  the  convention 
seem  not  to  have  foreseen,  however,  how  vast  and  important 
an  enterprise  the  postal  system  of  the  United  States  was  to 
become.  The  Federalist,  discussing  this  matter  very  briefly, 
says,  as  if  half  apologizing  for  troubling  the  general  govern- 
ment with  so  unimportant  a  business,  "  Nothing  which  tends 
to  facilitate  the  intercourse  between  the  states  can  be  deemed 
unworthy  of  the  public  care."  We  shall  not,  perhaps,  be 
surprised  at  this  attitude  if  we  remember  that  in  1 790  there 
were  in  the  United  States  only  75  post  offices  and  1875 
miles  of  mail  routes,  and  that  the  total  postal  revenue  was 
only  $37,935  ;  while  in  191 5  there  were  nearly  56,380  post 
offices,  more  than  433,334  miles  of  mail  routes,  a  revenue 
of  $287,248,165,  and  an  expenditure  of  $298,546,026.  The 
United  States  does  not  attempt  to  make  its  postal  system 
pay  a  profit,  the  policy  having  been  for  the  last  half  century 


248  ACTUAL  GOVERNMENT  OF  NEW  YORK 

and  more  to  conduct  it  simply  on  an  expense-paying  basis. 
As  a  matter  of  fact,  during  most  of  that  period  the  annual 
expenditures  have  been  greater  than  the  revenue.  Since 
1870  there  has  been  every  year  except  five  a  deficit,  that  of 
1909  amounting  to  nearly  eighteen  million  dollars.  The 
law  defines  as  post  roads  "  all  letter-carrier  routes  in  towns 
and  cities,  all  railroads  and  canals,  and  all  the  waters  of 
the  United  States  during  the  time  mail  is  carried  thereon." 
Copyrights  and  Patents.  The  authority  to  issue  copy- 
rights and  patents  is  another  power  given  to  Congress,  the 
purpose  assigned  in  the  Constitution  itself  being  "  to  pro- 
mote the  progress  of  science  and  useful  arts."  Copyright 
may  be  denned  as  the  grant,  by  a  government  to  the  author 
of  an  intellectual  production  (book,  painting,  sculpture,  de- 
sign, photograph,  musical  composition,  etc.),  of  the  exclusive 
right  for  a  limited  time  to  multiply  and  dispose  of  copies  of 
it.  A  person  desiring  to  secure  a  copyright  on  such  a  pro- 
duction sends  to  the  copyright  office  immediately  after  pub- 
lication two  copies  containing  the  copyright  notice,  in  the 
case  of  a  book  or  similar  publication,  and  in  case  of  a  work 
of  art,  a  photograph.  A  fee  of  one  dollar  must  be  paid  to 
the  register  of  copyrights  for  recording  the  title  and  furnish- 
ing a  certificate  of  such  record.  If  the  production  is  a 
photograph  and  no  certificate  is  required,  the  fee  is  fifty 
cents.  Lectures  and  other  oral  addresses,  dramatic  and 
musical  compositions,  not  reproduced  for  sale,  may  be  copy- 
righted by  paying  one  dollar  and  filing  one  complete  copy. 
A  copyright  runs  for  a  period  of  twenty-eight  years  and  is 
renewable  for  twenty-eight  more.  A  patent  is  the  grant,  by 
a  government  to  the  author  of  a  new  and  useful  invention, 
of  the  sole  right  to  make  and  sell  it  for  a  limited  term.  The 
inventor  who  desires  a  patent  must,  in  his  application  to  the 
Commissioner  of  Patents,  declare  under  oath  that  he  believes 


LEGISLATIVE   DEPARTMENT:    POWERS       249 

himself  to  be  the  real  author  of  the  invention  ;  must  file  in 
the  patent  office  a  full  description  of  the  article,  together 
with  drawings  and  possibly  a  model ;  and  must  pay  a  fee 
of  $15  on  filing  his  application,  and  an  additional  $20  if  the 
patent  be  allowed.  A  patent  holds  for  a  term  of  seven- 
teen years,  and  may  be  renewed  for  a  term  of  seven  years 
by  the  Commissioner  of  Patents  or  by  act  of  Congress, 
provided,  however,  that  the  inventor  has  not  received  an 
adequate  money  return. 

The  National  Capital.  By  the  same  clause  of  the  Con- 
stitution which  gave  Congress  power  to  control  all  places 
purchased  for  the  erection  of  forts,  magazines,  etc.,  power 
was  also  conferred  upon  it  to  "  exercise  exclusive  legislation 
.  .  .  over  such  district  (not  exceeding  ten  miles  square)  as 
may,  by  cession  of  particular  states  and  the  acceptance  of 
Congress,  become  the  seat  of  the  government  of  the  United 
States."  The  need  for  such  a  provision  had  been  shown 
by  an  unpleasant  experience  suffered  in  Philadelphia  by  the 
Congress  of  the  Confederation  at  the  hands  of  an  unpaid  por- 
tion of  the  Revolutionary  troops  in  1783.  The  failure  of 
the  state  government  to  afford  the  protection  asked  for  had 
made  it  clear  that  the  federal  legislature  must  be  given  the 
power  to  protect  itself  and  the  seat  of  the  federal  govern- 
ment from  the  possibility  of  a  repetition  of  such  insults. 
From  1785  to  1790  New  York  was  the  national  capital.  In 
1790  the  seat  of  government  was  transferred  to  Philadelphia, 
where  it  remained  until  1800,  when  it  was  permanently 
located  in  the  District  of  Columbia.  This  was  a  piece  of 
territory,  originally  ten  miles  square,  lying  along  the  Poto- 
mac, which  was  ceded  to  the  United  States  by  the  states  of 
Maryland  and  Virginia  to  be  used  as  the  seat  of  the  national 
government.  About  thirty  square  miles  on  the  right  bank 
of  the  river  were  afterward  receded  to  Virginia. 


250  ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Government  of  the  District  is  provided  for  en- 
tirely by  the  federal  authorities,  the  people  having  no 
political  rights.  The  executive  officers  are  three  commis- 
sioners, two  of  whom  are  appointed  for  three  years  by  the 
president  with  the  consent  of  the  Senate,  and  one  detailed 
from  the  corps  of  engineers  of  the  United  States  army  by 
the  president  to  serve  during  his  pleasure.  They  have  gen- 
eral charge  of  municipal  affairs,  providing  for  the  policing 
of  the  District,  fire  protection,  education,  etc.  All  officers 
other  than  the  three  commissioners  are  appointed  by  the 
president.  The  commissioners  have  the  power  to  recom- 
mend needed  legislation,  but  Congress  is  the  legislative 
body  of  the  District,  and  all  bills  relating  to  it  are  passed  in 
the  regular  manner.  Congress  pays  one  half  the  expenses 
for  the  government  of  the  territory  ;  the  other  half  is  met  by 
taxation  of  the  inhabitants.  The  judicial  power  of  the  Dis- 
trict is  vested  in  a  court  of  appeals  (consisting  of  a  chief 
justice  and  two  associate  justices),  a  supreme  court  (con- 
sisting of  a  chief  justice  and  four  associate  justices), 
justice  courts,  a  police  court,  and  a  juvenile  court. 

The  Government  of  Territories.  Closely  allied  to  this 
special  power  granted  to  Congress,  to  govern  the  territory  in 
which  is  located  the  seat  of  the  federal  government,  is  the 
power  granted  it  in  another  article  of  the  Constitution,  "  to 
dispose  of  and  make  all  needful  rules  and  regulations  respect- 
ing the  territory  or  other  property  belonging  to  the  United 
States."  It  is  from  this  provision  that  Congress  derives 
the  authority  to  govern  its  territories.  We  have  already 
seen  that  before  the  adoption  of  the  Constitution  the  vast 
tract  of  land  known  as  the  Northwest  Territory,  the  dif- 
ferent portions  of  which  were  claimed  by  several  of  the 
states,  had  been  ceded  by  those  states  to  the  general  gov- 
ernment.    Following   these  cessions   the  Congress  of  the 


LEGISLATIVE   DEPARTMENT:    POWERS       251 

Confederation  passed  the  act  known  as  the  Ordinance  of  1787, 
providing  a  government  for  this  vast  public  domain  —  an 
act  that  has  been  called  "  the  most  important  piece  of  gen- 
eral legislation  of  the  Confederation  epoch."  It  is  certain 
that  Congress  under  the  Articles  of  Confederation  had  no 
power  to  pass  such  an  ordinance,  and  many  writers  have 
declared  it  of  no  effect.  It  matters  little  now,  for  the 
first.  Congress  that  assembled  under  the  Constitution,  hav- 
ing been  given  the  authority  to  pass  such  legislation, 
reenacted  the  ordinance,  which  has  ever  since  furnished 
the  model  upon  which  the  territories  of  the  United  States 
have  been  organized. 

Organized  and  Unoiganized  Territories.  The  Spanish- 
American  War,  resulting  as  it  did  in  the  acquisition  by  the 
United  States  of  a  number  of  insular  possessions,  most  of 
them  containing  a  population  very  different  in  character 
from  that  of  the  states  and  other  territories,  has  very  con- 
siderably complicated  the  problems  of  territorial  govern- 
ment. Previous  to  that  war  the  territories  were  simply 
divided  into  two  classes  —  organized  and  unorganized. 
In  the  organized  territories  of  Hawaii  and  Porto  Rico  the 
government  conforms,  with  slight  variations,  to  the 
following  type.  There  are  the  three  departments  of 
government,  —  legislative,  executive,  and  judicial, — -with 
similar  duties  performed  by  corresponding  departments  of 
state  governments.  The  executive  department  consists  of  a 
governor,  appointed  by  the  president  with  the  consent  of 
the  Senate  for  a  term  of  four  years ;  a  secretary,  similarly 
appointed ;  a  treasurer,  an  auditor,  and  usually  a  su- 
perintendent of  public  instruction,  appointed  by  the 
governor.  The  governor  is  ex  officio  commander  of  the 
militia.  He  has  a  veto  power  over  the  acts  of  the  legisla- 
ture, but  his  veto  may  be  overridden  by  a  two-thirds  vote 


252  ACTUAL  GOVERNMENT  OF  NEW  YORK 

of  the  house.  He  makes  annual  reports  to  the  president 
and  sends  a  message  to  the  territorial  legislature.  Thelegis- 
lature  consists  of  two  houses,  —  a  council  and  a  house  of 
representatives,  —  elected  for  a  term  of  two  years  by  the 
voters  of  the  territory,  voting  in  districts.  The  sessions 
are  biennial  and  limited  to  sixty  days.  The  sphere  of 
legislation  is  nearly  as  wide  as  that  of  the  state  legislatures, 
but  Congress  has  the  power  to  annul  or  modify  any  act, 
thus  controlling  the  internal  affairs  of  the  territory.  The 
people  of  the  territory  send  to  Congress  a  delegate  who  has 
the  privilege  of  debate  but  no  vote.  The  judicial  depart- 
ment consists  of  a  supreme  court  of  three  or  more  judges 
appointed  for  a  term  of  four  years  by  the  president  with 
the  advice  and  consent  of  the  Senate.  In  191 2,  Congress 
provided  for  a  legislature  in  Alaska,  consisting  of  two  houses 
and  meeting  biennially.  Thus  the  last  of  our  territories 
except  our  smaller  island  possessions  has  been  organized. 

Territories :  a  New  Classification.  Since  the  Spanish- 
American  War  a  decision  of  the  Supreme  Court  has  practi- 
cally established  a  new  classification  for  the  territories. 
According  to  this  decision  there  are  (1)  those  constituting 
"  a  part  of  "  the  United  States,  and  (2)  those  "  belonging 
to  "  the  United  States.  To  the  first  class  belongs  Alaska ; 
to  the  second  belong  Hawaii,  Porto  Rico,  the  Philippines, 
Guam,  the  Virgin  Islands,  and  the  Samoan  possessions  of 
the  United  States.  Hawaii  and  Porto  Rico  have  been  given 
organized  territorial  governments  conforming  in  a  general 
way  to  the  type  existing  in  the  organized  territories  con- 
stituting "a  part  of"  the  United  States.  Hawaii  is  "an 
integral  part"  of  the  United  States  according  to  the  treaty 
of  annexation.  The  other  territories  "belonging  to"  the 
United  States  are  variously  governed  by  the  military  or  naval 
authorities  or  by  special  commissions. 


LEGISLATIVE   DEPARTMENT:    POWERS       253 

Power  to  Establish  Courts.  One  other  specific  power 
the  Constitution  intrusts  to  Congress  —  namely,  the  power 
"  to  constitute  tribunals  inferior  to  the  Supreme  Court."  In 
accordance  with  this  grant  of  power  Congress  created,  by 
the  Judiciary  Act  of  1789,  the  district  and  circuit  courts 
and  denned  their  functions.  In  1855  it  established  the 
Court  of  Claims,  in  1891  the  circuit  courts  of  appeals, 
and  abolished  circuit  courts  in  191 1  (see  Chapter 
XXIV). 

The  Elastic  Clause.  So  far  we  have  been  dealing  with 
specific  powers  granted  to  Congress  by  the  Constitution. 
There  remains  to  be  considered  a  very  important  clause, 
often  called  the  "elastic  clause,"  conferring  upon  Congress, 
by  a  general  grant  of  power,  the  right  to  do  whatever  may 
be  necessary  and  proper  for  carrying  out  the  provisions  of 
the  Constitution.  The  exact  wording  of  the  clause  is  as 
follows :  [Congress  shall  have  power]  "  to  make  all  laws 
which  shall  be  necessary  and  proper  for  carrying  into  execu- 
tion the  foregoing  powers  and  all  other  powers  vested  by 
this  Constitution  in  the  government  of  the  United  States, 
or  in  any  department  or  officer  thereof."  It  is  out  of  the 
difference  of  opinion  as  to  the  interpretation  of  this  clause 
that  the  two  great  schools  of  constitutional  construction 
have  arisen :  the  strict  constructionists  and  the  liberal 
constructionists  —  the  defenders  of  the  doctrine  of  state 
rights  and  the  upholders  of  the  opposing  doctrine  of  implied 
powers.  The  first  insist  that  the  Constitution,  and  in 
particular  this  clause  of  it,  should  be  strictly  and  narrowly 
construed,  so  as  to  give  Congress  power  to  pass  only  such 
laws  as  are  absolutely  necessary  in  order  to  make  effective 
the  powers  expressly  granted.  The  liberal  constructionists, 
on  the  other  hand,  maintain  that  by  the  phrase  "  laws  which 
shall  be  necessary  and  proper  "  is  meant  not  only  such  as 


254   ACTUAL  GOVERNMENT  OF  NEW  YORK 

are  indispensable  to  the  exercise  of  the  powers  granted 
Congress,  but  all  such  as  are  in  any  way  conducive  to 
their  complete  execution.  The  decisions  of  the  Supreme 
Court,  when  that  body  has  been  called  upon  to  settle 
constitutional  questions  arising  under  this  clause,  have 
in  general  been  made  on  the  principle  of  liberal  construction. 

Special  Powers  of  Each  House.  We  come  now  to  the 
consideration  of  certain  special  powers  granted  to  each  of 
the  two  Houses  of  Congress  but  not  to  Congress  as  a  whole. 
We  have  seen  that  each  House  is  given  the  power  of  control- 
ling its  own  organization  and  members,  but  there  is  given 
to  each  in  addition  certain  important  governmental  powers. 
The  special  powers  possessed  by  the  House  of  Representa- 
tives are  three  in  number :  the  power  to  initiate  all  bills 
for  raising  revenue,  the  power  of  impeachment,  and  the 
power  of  electing  the  president  in  case  no  choice  is  made  by 
the  electors.  The  special  powers  of  the  Senate  are  the 
power  to  ratify  treaties  and  to  confirm  presidential  appoint- 
ments, and  the  power  to  act  as  a  court  of  impeachment. 

The  House:  Revenue  Bills.  Doubtless  the  conven- 
tion, in  intrusting  only  to  the  House  of  Representatives  this 
power  of  initiating  revenue  bills,  was  largely  influenced  by 
the  practice  of  England,  where  for  several  centuries  that 
power  had  resided  in  the  House  of  Commons.  It  was  felt 
that  the  House,  being  renewed  at  frequent  intervals  by  pop- 
ular election  and  thus  standing  more  closely  in  touch  with 
the  people  than  could  the  Senate,  ought  to  be  given  control 
of  the  power  of  taxing  the  people.  But  the  convention  was 
influenced  also  by  a  less  theoretical  reason.  The  larger 
states,  fearful  that  they  might  be  unfairly  taxed  if  the  Senate 
were  given  equal  powers  with  the  House  in  this  matter,  de- 
manded this  provision  as  a  protection  and  also  as  a  compen- 
sation for  having  yielded  to  the  Senate  the  right  to  ratify 


LEGISLATIVE   DEPARTMENT:    POWERS       255 

treaties  and  to  try  impeachments.  By  the  same  clause, 
however,  the  Senate  is  given  the  power  to  propose  or  concur 
with  amendments  to  revenue  bills  —  a  power  of  which  it 
avails  itself  so  freely  that  most  money  bills,  whether  for 
raising  revenue  or  expending  it,  are  finally  passed  only  by 
means  of  conference  and  compromise  between  the  two 
Houses.  There  is  no  constitutional  provision  that  appro- 
priation bills  (bills  for  the  expenditure  of  money)  should 
originate  in  the  House,  but  as  a  matter  of  custom  the  im- 
portant general  appropriation  bills  do  originate  there. 

The  House:  Impeachment.  In  placing  the  power  of 
impeachment  (bringing  charges  of  official  misconduct 
against  an  official)  solely  in  the  hands  of  the  House  of 
Representatives  the  convention  was  again  borrowing  in- 
directly from  English  practice  through  the  state  constitu- 
tions. According  to  the  Constitution  the  persons  who 
may  be  impeached  are  the  president,  the  vice  president, 
and  all  civil  officers  of  the  United  States,  the  term  "  civil 
officers  "  being  used  here  in  distinction  from  military  and 
naval  officers,  who  are  subject  to  military  law  and  whose 
offenses  are  tried  by  courts-martial.  Since  offending 
senators  and  representatives  may  be  expelled  by  a  two- 
thirds  vote  of  their  respective  Houses,  it  has  been  deemed 
unnecessary  to  impeach  them.  The  offenses  for  which 
officers  may  be  impeached  are  "  treason,  bribery,  or 
other  high  crimes  and  misdemeanors,"  but  the  exact  mean- 
ing of  the  last  phrase  has  never  been  accurately  determined. 
Since  the  adoption  of  the  Constitution  there  have  been 
nine  impeachment  trials  and  three  convictions. 

The  House:  Presidential  Election.  The  election  of 
the  president  by  the  House  of  Representatives  has  occurred 
twice  —  in  the  case  of  Jefferson  in  1801  and  of  John  Quincy 
Adams  in  1825.     In  assigning  this  power  to  the  House  of 


256   ACTUAL  GOVERNMENT  OF  NEW  YORK 

Representatives  the  convention,  mindful  of  the  fact  that 
large  executive  powers  (the  confirmation  of  presidential 
appointments  and  the  ratification  of  treaties)  had  been 
given  to  the  Senate,  felt  that  that  body  should  have  no 
voice  in  the  appointment  of  the  executive. 

The  Senate:  Executive  Powers.  Of  the  special  powers 
of  the  Senate  the  two  just  mentioned  (the  ratification 
of  treaties  and  the  confirmation  of  appointments)  are 
executive  in  their  nature ;  the  third  (the  power  to  act  as 
a  court  of  impeachment)  is  judicial.  Though  the  Senate 
was  created  as  a  part  of  the  federal  legislature,  it  was  at  first 
looked  upon  principally  as  an  executive  body.  Hamilton, 
in  The  Federalist,1  speaks  of  the  executive  power  as  divided 
between  the  president  and  the  Senate ;  and  the  Senate  for 
the  first  five  years  of  its  existence  conducted  itself  as  an  ex- 
ecutive body,  holding  its  sessions  in  secret  until  1794.  The 
senators  looked  upon  themselves  to  a  great  extent  as  am- 
bassadors from  the  states,  and  the  president  and  cabinet 
officers  sometimes  consulted  in  person  with  the  Senate.  Not 
until  after  the  creation  of  its  standing  committees  in  18 16 
did  it  become  coordinate  with  the  House  in  legislation.  At 
present  we  think  of  the  Senate  as  primarily  a  legislative 
body,  but  it  may  at  any  moment  turn  itself  into  an  execu- 
tive body  by  going  into  "  executive  session."  This  it  does 
when  the  subject  under  discussion  is  the  confirmation  of  ap- 
pointments or  the  ratification  of  treaties.  As  a  matter  of 
fact,  though  the  penalty  for  disclosing  what  goes  on  behind 
the  closed  doors  of  the  Senate  is  expulsion,  it  has  been  found 
very  difficult  to  maintain  secrecy,  particularly  in  the  matter 
of  the  confirmation  of  appointments.  For  this  reason  there 
has  been  some  agitation  in  favor  of  abandoning  the 
secret  session. 

1  The  Federalist,  Nos.  64-66. 


LEGISLATIVE  DEPARTMENT:    POWERS       257 

The   Senate:    Working  of  these   Powers.    It  was   the 

purpose  of  the  convention,  in  giving  these  powers  into  the 
hands  of  the  Senate,  to  impose  a  check  upon  the  power  of 
the  president.  This  it  certainly  does  to  some  extent, 
though  it  is  questioned  whether  the  imposition  of  this 
check  has  operated  entirely  in  the  interests  of  good  govern- 
ment. The  participation  of  the  Senate  in  the  treaty-making 
power,  reducing  as  it  does  the  difficulties  always  experienced 
by  popular  governments  in  dealing  with  foreign  affairs,  has 
generally  been  approved  by  critics  of  our  political  arrange- 
ments, though  even  here  the  requirement  of  a  two-thirds 
vote  for  ratification  has  been  criticized  as  giving  too  much 
power  into  the  hands  of  a  troublesome  minority.  Such  a 
minority,  intent  upon  party  or  local  rather  than  upon 
national  interests,  may  find  it  possible  to  postpone  indefi- 
nitely or  prevent  altogether  the  settlement  of  important 
foreign  affairs.  The  value  of  the  other  executive  function 
intrusted  to  the  Senate  (the  power  of  confirming  presiden- 
tial appointments)  is  in  general  more  seriously  questioned. 
It  is  asserted  that  the  arrangement  does  not  in  practice 
prevent  abuses  of  the  president's  appointing  power ;  that 
if  the  president  and  the  majority  in  the  Senate  are  of  the 
same  party,  the  appointments  are  arranged  between  them 
and  the  real  object  of  the  provision  is  defeated ;  that  if 
they  are  of  opposite  parties,  the  Senate  confirms  the 
worst  appointments  in  order  to  subject  the  president  to 
hostile  criticism  in  the  next  political  campaign. 

The  Senate :  Judicial  Function.  The  only  judicial 
function  of  the  Senate  is  to  act  as  a  court  for  the  trial  of 
impeachment  cases.  The  method  of  procedure  is  as 
follows :  The  charges  against  the  officer  impeached  are 
preferred,  as  we  have  already  seen,  by  the  House  of 
Representatives,  which  prepares  articles  of  impeachment, 


258  ACTUAL  GOVERNMENT  OF  NEW  YORK 

corresponding  to  the  indictment  in  ordinary  criminal  trials. 
The  House  then  chooses  by  ballot  a  number  of  managers 
to  conduct  the  case  before  the  Senate.  The  Senate  organizes 
for  this  purpose  by  putting  its  members  under  oath  to 
conduct  the  trial  impartially.  If  the  president  is  being 
tried,  the  chief  justice  acts  as  presiding  officer ;  in  other 
cases,  the  president  or  president  pro  tempore  of  the  Senate. 
A  two-thirds  vote  of  the  members  is  required  for  convic- 
tion, the  object  being  to  prevent  the  use  of  impeachment 
for  party  purposes.  The  accused  may  appear  in  person 
or  through  counsel,  witnesses  are  examined,  evidence 
taken,  and  the  Senate  then  deliberates  in  secret  session. 
In  case  of  conviction  the  only  punishment  that  the  Senate 
has  power  to  impose  is  removal  from  office  and  disqualifica- 
tion for  further  official  service  under  the  United  States, 
but  the  officer  is  still  liable  to  trial  before  the  ordinary 
courts  if  he  has  committed  any  crime.  During  the  trial 
the  accused  may  continue  his  regular  duties.  In  case  of 
conviction  the  president  cannot  exercise  his  pardoning 
power.  This  power  of  trying  impeachment  cases  was 
not  granted  to  the  Senate  by  the  convention  without 
objections,  but  the  objections  then  urged  have  proved 
groundless. 

Limitations  upon  Congress:  Taxation.  So  far  we 
have  been  dealing  with  the  powers  granted  to  Congress  as  a 
whole  and  with  the  special  powers  granted  to  the  separate 
Houses.  We  come  now  to  some  limitations  imposed  upon 
Congress  by  the  Constitution  —  the  things  which  Congress 
may  not  do.  The  restrictions  laid  upon  Congress  in  the 
matter  of  taxation  are  two :  (i)  it  may  lay  no  capitation 
or  other  direct x  tax  except  in  proportion  to  the  census ; 

1  This  restriction,  however,  was  modified  by  the  adoption  of  the  Six- 
teenth Amendment,  which  gives  Congress  the  right  to  tax  incomes. 


LEGISLATIVE   DEPARTMENT:    POWERS       259 

(2)  it  may  lay  no  tax  or  duty  on  exports.  If  a  direct  tax 
is  levied,  it  must  be  in  proportion  to  population ;  that  is, 
the  amount  of  revenue  to  be  collected  by  the  tax  must  be 
determined,  and  this  must  then  be  apportioned  among 
states  according  to  population.1  The  prohibition  laid 
upon  Congress  in  the  matter  of  taxing  exports  was  a  practical 
necessity.  The  extent  of  the  country  and  the  variety  of  its 
resources  make  it,  and  made  it  even  in  1787,  practically 
impossible  to  lay  such  a  tax  without  working  injustice  and 
hardship  somewhere.  There  was,  nevertheless,  in  the 
convention  a  difference  of  opinion  on  this  point,  several 
holding  that  the  government  would  be  incomplete  without 
a  power  to  tax  exports  as  well  as  imports. 

Commerce.  Appropriations.  The  restrictions  imposed 
upon  Congress  in  the  matter  of  commerce  relate  to  the 
slave  trade  and  to  interstate  matters.  The  provision  in 
regard  to  the  slave  trade  was  the  result  of  one  of  the  com- 
promises of  the  Constitution  already  noted  elsewhere 
(p.  188).  It  will  be  remembered  that  in  the  convention 
the  delegates  from  the  slave-holding  and  slave-trading 
states  objected  to  giving  Congress  complete  control  over 
commerce,  lest  the  economic  interests  of  their  states  might 
suffer  by  a  too  sudden  abolition  of  the  slave  trade.  The 
debate  resulted  finally  in  the  concession  to  Congress  by 
the  slave  states  of  full  ultimate  control  of  commerce  in 
return  for  a  continuance  of  the  slave  trade  for  a  limited 
period,  Congress  being  prohibited  from  forbidding  the 
traffic  prior  to  the  year  1808.  In  regard  to  interstate  affairs, 
Congress  is  forbidden  to  make  any  regulation  that  shall 
give  an  advantage  to  the  ports  of  one  state  over  those  of 

1  The  Supreme  Court  decided  (prior  to  the  Sixteenth  Amendment)  that 
an  income  tax  is  a  tax  upon  the  property  from  which  the  income  is  derived, 
and  is  therefore  a  direct  tax  and  was  unconstitutional  (Art.  I,  §  9,  p.  lix). 


260   ACTUAL  GOVERNMENT  OF  NEW  YORK 

another,  or  that  shall  oblige  vessels  bound  to  or  from  one 
state  to  enter,  clear,  or  pay  duties  in  another.  Congress  is 
prohibited  from  drawing  money  from  the  national  Treasury 
except  by  means  of  direct  appropriations  made  by  law. 
An  appropriation  bill  states  the  object  for  which  the 
money  is  to  be  used.  From  time  to  time  a  statement  of 
the  receipts  and  expenditures  must  be  published. 

Other  Restrictions:  Habeas  Corpus.  A  few  other  re- 
strictions are  laid  upon  Congress,  with  the  purpose  of  secur- 
ing to  the  citizens  of  the  United  States  personal  liberty  and 
equality.  These  are  the  provisions  as  to  the  suspen- 
sion of  the  writ  of  habeas  corpus,  in  regard  to  bills  of  at- 
tainder and  ex  post  facto  laws,  relating  to  titles  of  nobility, 
etc.  The  Constitution  provides  that  "  the  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended,  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may  re- 
quire it."  The  writ  of  habeas  corpus  is  '  a  guaranty  of 
personal  liberty  as  old  as  Magna  Charta."  It  is  a  writ 
granted  by  a  court  requiring  a  prisoner  to  be  brought  be- 
fore the  court  in  order  that  the  legality  of  his  detention 
may  be  investigated,  and  that  he  may  be  at  once  liberated 
if  illegally  detained.  The  question  as  to  where  the  right 
to  suspend  the  writ  is  lodged  was  left  unsettled  by  the  Con- 
stitution. By  judicial  decision  it  has  been  given  to  Con- 
gress, but  that  body  may  grant  the  right  to  the  president. 
In  the  few  cases  where  the  writ  has  been  suspended  — 
namely,  during  the  Civil  War  —  the  power  was  exercised 
by  the  president. 

Bills  of  Attainder:  Ex  Post  Facto  Laws.  The  passing 
of  bills  of  attainder  and  ex  post  facto  laws  is  absolutely  for- 
bidden by  the  Constitution.  Bills  of  attainder  are  special 
legislative  acts  inflicting  capital  punishment  for  high 
offenses,  such  as  treason,  without  a  judicial  trial.     If  the 


LEGISLATIVE   DEPARTMENT:    POWERS       261 

punishment  inflicted  is  less  than  death,  the  bill  is  properly 
a  "  bill  of  pains  and  penalties  "  rather  than  attainder. 
The  ex  post  facto  law  is  defined  by  Chief  Justice  Marshall 
as  "  one  which  renders  an  act  punishable  in  a  manner  in 
which  it  was  not  punishable  when  committed."  English 
jurists  have  held  that  the  term  applies  only  to  criminal, 
not  to  civil,  law,  and  the  United  States  Supreme  Court  has 
taken  the  same  position ;  but  from  the  discussion  that 
took  place  in  the  convention  concerning  this  point  it  would 
seem  that  the  framers  of  the  Constitution  meant  by  ex  post 
facto  laws  all  that  are  retroactive. 

Titles  of  Nobility.  Finally,  "  no  title  of  nobility  shall 
be  granted  by  the  United  States,  and  no  person  holding 
any  ofhce  of  profit  or  trust  under  them,  shall,  without  the 
consent  of  Congress,  accept  of  any  present,  emolument, 
office,  or  title  of  any  kind  whatever  from  any  king,  prince, 
or  foreign  state."  At  the  time  of  the  adoption  of  the  Con- 
stitution and  even  much  later  there  existed  a  general  feeling 
of  antagonism  to  titles.  They  were  regarded  as  inseparable 
from  aristocratic  and  monarchical  forms  of  government, 
and  Hamilton  called  their  prohibition  the  cornerstone 
of  republicanism.  The  last  part  of  the  provision  was 
inserted  to  preserve  foreign  ministers  and  United  States 
officers  from  the  danger  of  bribery  by  foreign  governments. 

Library  References.  Macy,  chaps,  xxvi-xxvii,  xxxviii,  xl ;  Macy, 
First  Lessons,  chaps,  xvi-xvii;  Dawes,  chaps,  iii,  xv,  pp.  129-130, 
146-148 ;  Hinsdale,  chaps,  xxi-xxii,  xxv-xxvi,  pp.  330-333 ;  Fiske, 
pp.  228-229,  254-257,  263-268;  Bryce,  Vol.  I,  chaps,  xi,  xvi-xvii, 
xlvii;  Wilson,  §§  1047-1052,  1084;  Harrison,  pp.  58-67;  Curtis, 
Vol.  I,  chaps,  xxvi-xxvii ;  Wilson,  Congressional  Government,  chap,  iii, 
pp.  230-241,  275-277;  Clow,  chap.  iii;.  Dole,  chap,  xvi,  pp.  69- 
71 ;  Alton,  chaps,  xxiv,  xxix;  Lalor,  Article  on  Powers  of  Congress; 
Woodburn,  chap,  viii,  pp.  158-172,  177-182,  211-213,  231-239, 
25S-257,  305-310. 


262   ACTUAL  GOVERNMENT  OF  NEW  YORK 

QUESTIONS    ON   THE   TEXT 

1.  Why  are  the  general  powers  of  Congress  enumerated  in 
the  federal  constitution,  while  similar  powers  of  state  legis- 
latures are  not  specified  in  state  constitutions? 

2.  State  five  powers  of  Congress. 

3.  Mention  three  important  powers  vested  exclusively  in 
the  House  of  Representatives,  and  give  the  reason  in  each  case. 

4.  Has  the  Senate  any  executive  power  ?     Discuss  fully. 

5.  State  three  purposes  for  which  the  government  may 
properly  levy  taxes. 

6.  Define  "  taxes."  Mention  two  kinds  of  taxes  and  dis- 
cuss the  justice  of  each. 

7.  Distinguish  between  direct  and  indirect  taxes. 

8.  What  are  the  sources  of  the  revenue  of  the  general 
government?  Does  the  United  States  government  levy  any 
direct  tax  at  the  present  time?  State  in  substance  the 
constitutional  provision  regarding  the  apportionment  of  direct 
taxes  among  the  several  states. 

9.  What  are  duties?  State  the  manner  in  which  duties 
are  collected.  What  limitation  is  there  to  the  powers  of  Con- 
gress to  levy  duties  ?     Give  the  reason  for  this  limitation. 

10.  Distinguish  between  ad  valorem  and  specific  duties. 
Define  "  tariff  " ;  "  reciprocity." 

11.  What  is  an  excise  duty?  On  what  articles  are  excise 
duties  now  laid? 

12.  Should  Congress  be  given  the  power  to  regulate  com- 
merce ?     Give  reasons  for  your  answer. 

13.  Define  "ports  of  entry."  Give  the  name  of  one  United 
States  port  of  entry  on  the  Atlantic  coast  and  one  on  the 
Pacific  coast. 

14.  Show  the  importance  of  the  power  possessed  by  Congress 
to  borrow  money  on  the  credit  of  the  United  States. 


LEGISLATIVE   DEPARTMENT:    POWERS       263 

15.  To  what  extent  is  immigration  now  restricted?  What 
is  the  object  of  the  restrictions? 

16.  Show  the  necessity  of  the  power  possessed  by  Congress  to 
regulate  interstate  commerce. 

17.  Define  "  bankrupt  law."  Why  is  a  bankrupt  law 
desirable  ? 

18.  Define  "piracy."  Show  the  importance  of  the  power  pos- 
sessed by  Congress  to  define  and  punish  felonies  committed  on 
the  high  seas. 

19.  Why  is  the  power  to  declare  war  vested  in  Congress 
alone  ? 

20.  Define  "  letters  of  marque  "  ;  "  privateer."  What  name 
is  given  to  property  captured  in  time  of  war  ?  What  disposition 
is  made  of  such  property  ? 

21.  What  is  naturalization?  Describe  the  process  by  which 
it  is  secured  in  this  state.  Is  the  process  uniform  in  all  the 
states? 

22.  Define  "  alien  "  ;  "  citizen."  What  differences  exist  in 
the  duties,  rights,  and  privileges  of  aliens,  naturalized  citizens, 
and  natural-born  citizens? 

23.  What  classes  of  foreigners  are  refused  citizenship  in  the 
United  States ?     Why? 

24.  On  what  ground  has  the  United  States  claimed  the  right 
to  interfere  when  railway  traffic  has  been  interrupted  by  strikes? 

25.  What  is  a  copyright  and  how  is  it  obtained?  State  for 
how  long  a  time  it  is  issued.  State  its  purpose.  May  it  be 
renewed  ? 

26.  What  is  a  patent?  For  how  long  a  term  is  a  patent 
issued?  How  may  it  be  renewed?  What  is  the  purpose  of 
granting  patents  ? 

27.  Mention  the  chief  peculiarity  in  the  government  of  the 
District  of  Columbia.  Explain  the  importance  of  congressional 
control  over  the  District  of  Columbia. 


264  ACTUAL  GOVERNMENT  OF  NEW  YORK 

28.  In  what  body  is  the  government  of  a  territory  vested? 
What  representation  has  a  territory  in  Congress  ? 

29.  What  is  the  restriction  of  the  Constitution  regarding  the 
origin  of  revenue  bills  ?     What  is  the  object  of  this  restriction  ? 

30.  Define  "impeachment."  What  officers  of  the  United 
States  are  subject  to  impeachment? 

31.  Mention  (1)  two  powers  of  the  Senate  not  possessed  by 
the  House  of  Representatives;  (2)  one  power  of  the  House 
not  possessed  by  the  Senate. 

32.  What  is  meant  by  "executive  session"?  Which  body 
of  Congress  holds  executive  sessions?  Mention  two  purposes 
for  which  executive  sessions  are  held.  On  what  ground  is 
their  abolition  advocated? 

33.  Define  "  treaty."  Show  the  importance  of  the  power  of 
the  Senate  to  ratify  or  reject  treaties  made  by  the  president. 

34.  Show  the  importance  of  the  power  of  the  Senate  to  reject 
nominations  made  by  the  president. 

35.  In  whom  is  vested  the  power  to  try  cases  of  impeachment  ? 
Give  an  account  of  the  national  court  for  the  trial  of  impeach- 
ments as  to  jurisdiction  and  method  of  procedure. 

36.  Mention  five  restrictions  imposed  on  Congress  by  the 
Constitution. 

37.  What  application  of  the  constitutional  provision  regard- 
ing the  apportionment  of  direct  taxes  was  recently  made  by  the 
Supreme  Court  in  regard  to  the  income-tax  law? 

38.  Give  the  provision  of  the  Constitution  in  regard  to 
(1)  privilege  of  the  writ  of  habeas  corpus,  (2)  bills  for  raising 
revenue,  (3)  drawing  of  money  from  the  Treasury. 

39.  Define  "appropriation."  Show  the  importance  to  the 
people  of  the  constitutional  provision  regarding  appropriations. 

40.  Define  "  writ  of  habeas  corpus."  Explain  the  importance 
of  this  writ  as  a  protection  to  the  right  of  personal  liberty. 


LEGISLATIVE   DEPARTMENT:    POWERS       265 

41.  Define  "  bill  of  attainder." 

42.  What  is  an  ex  post  facto  law?  Are  there  any  such  laws 
in  the  United  States  ?     Give  a  reason  for  your  answer. 

43.  What  is  meant  by  "a  title  of  nobility"?  Why  does 
the  Constitution  forbid  Congress  to  grant  such  a  title  ? 

44.  Is  an  income  tax  a  direct  tax  under  the  Constitution? 
State  your  authority. 

45.  By  what  authority  is  Congress  allowed  to  lay  and  collect 
a  direct  tax  upon  incomes? 

46.  A  man  being  asked  to  what  nation  he  belonged  replied 
that  his  father  was  an  American,  and  his  mother  an  English 
woman ;  that  he  was  born  on  an  Italian  ship,  sailing  in  Spanish 
waters  and  flying  a  French  flag.  To  what  nation  did  he 
belong  ? 


CHAPTER  XXI 
LEGISLATIVE  DEPARTMENT:    ITS  WORKING 

The  Senate  Chamber.  The  work  of  the  national  legis- 
lature is  carried  on  in  different  parts  of  the  Capitol,  the 
Senate  Chamber  occupying  a  part  of  the  north  wing, 
the  Chamber  of  the  House  of  Representatives  the  south. 
The  room  occupied  by  the  Senate,  naturally  much  the  smaller 
of  the  two,  is  rectangular  in  form,  the  seats  being  arranged 
semicircularly,  facing  the  chair  of  the  presiding  officer,  which 
occupies  a  raised  marble  dais  at  the  end  of  the  room.  The 
seats  are  armchairs,  each  with  its  desk.  Around  the  four 
sides  of  the  room  run  galleries,  one  of  which  is  reserved  for 
the  president  of  the  United  States.  The  open  space  back 
of  the  senators'  chairs  is  furnished  with  sofas,  and  into  this 
senators  may  bring  visitors.  The  bare  aspect  of  the  walls, 
unbroken  by  windows  (for  the  room  is  lighted  from  above)  is 
somewhat  relieved  by  a  few  pictures.  The  Democrats 
occupy  the  right  side  of  the  room,  the  Republicans  the  left ; 
but  because  of  the  semicircular  arrangement  of  the  seats 
they  face  the  chair,  not  each  other. 

Chamber  of  the  House.  The  chamber  occupied  by  the 
House  is  much  larger  —  so  large  indeed  as  to  make  speak- 
ing there  a  difficult  task.  Like  the  Senate  Chamber,  it  is 
lighted  from  above  and  supplied  with  huge  galleries  running 
round  all  four  sides  and  capable  of  seating  2500  people. 
The  seats  of  the  members  are  arranged  in  concentric  rows 
about  the  Speaker's  marble  chair  on  its  raised  platform. 

266 


LEGISLATIVE   DEPARTMENT:    ITS   WORKING     267 

Below  and  in  front  of  the  Speaker  rests  the  mace,  and 
here  too  are  seated  the  clerks  and  official  stenographers, 
with  the  sergeant-at-arms  to  the  right.  As  in  the  Senate 
Chamber,  there  is  an  open  space  furnished  with  sofas 
back  of  the  members'  seats  to  which  certain  visitors  are 
admitted. 

Character  of  Members.  In  the  character  of  their  mem- 
bers the  two  Houses  show  a  somewhat  marked  difference, 
the  Senate  containing  a  considerably  larger  proportion  of 
men  of  superior  intellectual  capacity,  political  experience, 
and  personal  dignity.  The  great  majority  of  the  senators 
are  successful  lawyers,  many  of  whom  still  practice  before 
the  Supreme  Court ;  and  there  are  many  ex-governors,  ex- 
representatives,  ex-state  judges,  and  ex-state  legislators.  In 
the  Senate  of  the  Fifty-eighth  Congress  there  were  20  ex- 
governors,  4  ex-judges,  and  33  ex-representatives.  Thus 
we  have  in  the  Senate  a  body  of  men  possessed  already  of 
considerable  political  training,  whose  political  efficiency  is 
sure  to  be  increased  by  their  experience  as  senators.  This 
is  not  to  say  that  the  Senate  is  made  up  of  men  different 
in  kind  from  those  in  the  House.  Like  the  representatives, 
the  senators  are  for  the  most  part  active  politicians  who 
have  made  their  way  by  means  of  the  ordinary  political 
metho.ds ;  but  the  Senate,  because  it  confers  on  its  members 
more  power  and  greater  dignity,  a  longer  term  of  service 
and  a  more  independent  position,  has  proved  more  attrac- 
tive to  men  of  ability  and  ambition,  and  has  been  able  to 
draw  to  itself  the  ablest  of  those  who  have  chosen  a  political 
career.  In  the  House,  as  in  the  Senate,  lawyers  are  numer- 
ous, though  they  are  for  the  most  part  not  leaders  in  their 
profession.  The  rest  are  recruited  from  the  ranks  of 
the  manufacturers,  agriculturists,  bankers,  and  journalists. 
Great  railroad  men,  like  great  lawyers,  are  rare,  and  for  the 


268     ACTUAL   GOVERNMENT  OF  NEW  YORK 

same  reason.  The  attractions  of  a  career  in  the  House  are 
not  sufficient  to  overcome  those  of  a  successful  practice  at  the 
bar  or  of  a  great  railway  business.  Unlike  the  Senate,  the 
House  of  Representatives  has  few  very  wealthy  members, 
though  few  are  very  poor.  Taking  the  House  as  a  whole,  it  is 
not  made  up  of  men  of  the  highest  culture  or  the  widest  in- 
formation, though  there  is  no  lack  of  character,  shrewdness, 
and  keen,  if  limited,  intelligence.  If  they  lack  breadth  of 
view,  it  is  due  to  lack  of  opportunity  rather  than  to  natural 
incapacity. 

Methods  of  Legislation.  So  much  for  the  men  by  whom 
the  work  of  national  legislation  is  conducted.  Let  us  now 
see  something  of  the  methods  in  use  in  the  making  of  laws. 
All  laws  enacted  by  the  national  legislature  make  their 
first  appearance  in  that  body  in  the  form  of  bills.  A  bill 
is  simply  a  form  or  draft  of  a  proposed  law,  and  may  be 
very  radically  changed  before  it  is  finally  enacted.  The 
Constitution  provides  for  three  ways  in  which  a  bill,  once 
introduced  into  the  Congress,  may  become  a  law :  (i)  It 
may  be  passed  by  a  majority  of  both  Houses  and  signed  by 
the  president.  This  is  the  normal  way.  (2)  It  may, 
however,  after  passing  both  Houses,  meet  with  the  disap- 
proval of  the  president.  Thereupon  it  is  returned  without 
his  signature  to  the  House  in  which  it  originated,  his  objec- 
tions are  entered  upon  the  journal,  the  bill  is  reconsidered, 
and  may  be  repassed  by  a  two-thirds  vote  of  both  Houses,  the 
vote  being  taken  by  yeas  and  nays.  It  then  becomes  a  law 
without  the  president's  signature.  (3)  It  may  be  passed 
by  a  majority  of  both  Houses  and  sent  to  the  president,  who 
may  neglect  to  return  it  within  ten  days,  Sundays  excepted. 
In  that  case  also  it  becomes  a  law  without  the  president's 
signature,  unless  Congress  adjourns  in  the  meantime.  The 
Constitution  does  not,  however,  attempt  to  lay  down  rules 


LEGISLATIVE   DEPARTMENT:    ITS  WORKING    269 

as  to  the  means  by  which  Congress  shall  accomplish  the 
work  intrusted  to  it.  That  body  having  been  created,  and 
its  powers  and  limitations  clearly  defined,  it  is  left  to  work 
out  its  own  salvation  and  evolve  its  own  methods.  As  the 
field  of  legislation  has  grown  wider  and  more  complicated 
with  the  growth  of  the  nation,  the  methods  of  dealing  with 
it  have  also  grown  more  complex,  so  that  we  cannot  hope 
here  to  follow  them  in  detail.  We  must  be  content  if  we 
can  understand  clearly  the  more  important  features  of  our 
system  of  legislation. 

Stages  of  a  House  Bill.1  In  order  that  a  bill  may  be 
enacted  into  law  it  must  pass  through  the  following  stages  : 
First,  it  must  be  introduced.  If  it  is  introduced  in  the 
House,  this  is  done  by  handing  it  to  the  Speaker  or  laying 
it  on  his  desk  in  case  it  is  a  public  bill,  or  by  handing  it  to 
the  clerk  of  the  House  in  case  it  is  a  private  bill.  When 
reached  in  the  order  of  business,  the  bill  is  read  for  the  first 
time  by  title  only  and  is  then  referred  by  the  Speaker  to 
its  proper  committee.  In  the  committee  the  bill  comes  up 
for  discussion,  after  which  the  committee  may  decide 
not  to  report  it  at  all,  to  report  it  so  late  in  the  session  that 
no  action  can  be  taken  upon  it,  to  report  it  adversely,  or  to 
report  it  favorably.  If  the  bill  is  dropped  in  committee,  it 
is  of  course  "  killed  "  without  actually  reaching  the  House 
at  all.  If  it  is  reported  adversely  by  the  committee,  it  is 
usually  dropped  by  the  House  without  debate,  so  that  in 

1  In  the  Senate  the  method  of  procedure  is  as  follows :  Each  morning 
the  presiding  officer  of  the  Senate  calls  for  the  presentation  of  bills,  resolu- 
tions, and  petitions;  and  the  senators,  each  as  he  may  secure  recognition, 
present  such  biUs  as  they  may  desire.  In  presenting  a  petition  the  senator 
states  briefly  its  purport  and  asks  its  reference  to  the  appropriate  committee. 
When  a  bill  is  offered,  it  is  carried  by  a  page  to  the  clerk's  desk,  the  title 
is  read,  and  an  appropriate  reference  ordered  by  the  presiding  officer,  unless 
the  Senate,  by  a  vote,  itself  directs  the  reference. 


270     ACTUAL   GOVERNMENT  OF  NEW  YORK 

general  only  those  bills  that  are  reported  favorably  by  the 
committees  are  actually  considered  by  the  House.  When  re- 
ported, the  bill  is  read  a  second  time,  this  time  in  full,  and  is 
then  placed  on  the  calendar.  This  does  not  necessarily  mean 
that  it  will  come  up  at  some  definite  time  for  further  con- 
sideration. It  may  never  get  farther  than  the  calendar,  its 
fate  depending  less  upon  its  importance  than  upon  the  skill 
and  energy  of  the  member  who  has  it  in  charge.  If  a  bill 
succeeds  in  reaching  a  third  reading,  it  is  read  by  title  only, 
unless  a  reading  in  full  is  demanded.  The  question  is  then 
put,  "  Shall  the  bill  pass?  "  and  the  debate  follows.  When 
the  "  previous  question  "  is  called  for,  the  debate  is  closed 
by  the  member  reporting  the  bill,  and  the  vote  is  taken. 

If  the  bill  passes  the  House,  it  is  signed  by  the  Speaker 
and  the  clerk  and  is  then  taken  to  the  Senate.  Here  it  is 
at  once  referred  by  the  presiding  officer  to  its  appropriate 
committee,  after  which  it  passes  through  practically  the 
same  stages  as  in  the  House.  If  it  passes  the  Senate  un- 
amended, it  goes  to  the  president  for  his  signature ;  but 
either  House  has  the  power  of  amending  the  bills  of  the  other, 
and  an  amended  bill  must  be  returned  to  the  House  in  which 
it  originated,  and  the  amendment  must  be  accepted  before 
it  can  be  regarded  as  passed  by  the  two  Houses.  In  case 
either  House  refuses  to  accept  an  amendment  of  the  other, 
the  bill  fails  to  become  a  law ;  or  a  conference  committee 
is  appointed,  consisting  of  members  from  the  Senate  and 
House  committees  concerned  with  the  bill,  and  a  compro- 
mise may  be  agreed  upon.  The  different  methods  of  dis- 
posing of  bills  that  have  passed  both  Houses  of  Congress 
have  already  been  considered  (p.  268). 

The  Committee  System.  The  process  of  legislation  thus 
described  seems  comparatively  simple ;  as  a  matter  of 
fact  there  is  much  here  requiring  explanation  and  comment. 


LEGISLATIVE   DEPARTMENT:    ITS   WORKING     271 

Let  us  look  first  at  the  committee  system.  It  is  almost  in- 
evitable that  when  a  great  nation  like  our  own  vests  its 
lawmaking  power  in  a  representative  body,  that  body,  if 
it  is  truly  representative,  should  attain  very  considerable 
size.  One  of  the  most  difficult  problems  of  representative 
government  is  this  one  of  getting  large  assemblies  to  per- 
form the  work  of  legislation  promptly  and  efficiently.  Two 
plans  for  solving  the  problem  have  been  worked  out.  One 
is  the  plan  of  having  the  majority  party  in  the  legislative 
body  appoint  a  small  committee  of  leaders  to  draft  the 
necessary  measures,  which  are  then  adopted  and  intrusted 
to  this  group  of  leaders  for  execution.  These  leaders  are 
held  responsible.  If  their  measures  meet  with  the  approval 
of  the  people,  they  can  count  on  retaining  the  support  of 
the  majority  in  the  representative  body ;  if  not,  the  oppos- 
ing minority  will  become  a  majority,  and  a  new  group  of 
leaders  will  be  substituted.  This  is  in  brief  the  English  plan 
of  solving  the  problem  —  the  cabinet,  or  ministerial,  system 
of  government.  The  other  is  the  plan  of  dividing  the 
legislative  body  into  a  number  of  small  groups,  each  with  its 
own  field  of  action  and  each  independent  of  the  rest,  the 
legislative  body  as  a  whole  having  the  power  either  to  adopt 
or  reject  the  suggestions  of  the  groups  in  regard  to  the 
matters  intrusted  to  them.  This  is  the  congressional  plan 
of  government,  the  committee  system,  by  which  our  legis- 
lature accomplishes  its  work. 

The  Committees.1  It  is  impossible  here  to  review  the 
history  of  the  committee  system  in  the  United  States,  inter- 
esting as  it  is.  A  description  of  it  as  it  exists  and  works 
at  present  must  suffice.  In  1916  there  were  in  the  House  of 
Representatives  fifty-eight  regular  committees,  each  consti- 
tuting what  Senator  Hoar  has  called  a  "  little  legislature," 
1  See  Congressional  Directory,  1916  edition,  p.  183. 


272   ACTUAL  GOVERNMENT  OF  NEW  YORK 

so  far  as  the  management  of  its  own  particular  business  is 
concerned.  In  addition  to  these  the  House  may  at  any 
time  create  select  committees  for  special  purposes,  such  as 
the  conference  committee,  mentioned  above,  for  the  purpose 
of  conferring  with  a  like  committee  from  the  Senate.  The 
House  may  also  at  any  time  go  into  "  committee  of  the 
whole  " ;  that  is,  the  House  may  resolve  itself  into  a  com- 
mittee, in  order  to  debate  more  freely  some  measure  pending. 
When  this  is  done,  the  Speaker  calls  some  other  member 
to  the  chair,  and  the  special  rules  of  the  House  are  suspended. 
By  far  the  greatest  part  of  the  work  of  Congress  is  done 
in  the  regular  standing  committees,  to  which  all  bills  are 
referred.  Among  the  most  important  of  the  standing  com- 
mittees of  the  House  are  the  committees  on  rules,  on  ways 
and  means,  on  appropriations,  elections,  banking  and 
currency,  accounts,  rivers  and  harbors,  judiciary,  foreign 
affairs,  and  military  affairs.  In  the  Senate  there  are 
seventy-five  standing  committees.  There  are  also  three 
joint  standing  committees.  In  the  Senate,  it  will  be  re- 
membered, the  committees  are  selected  by  the  Senate 
itself.  The  most  important  of  the  Senate  committees 
are  those  on  finance,  on  appropriations,  foreign  affairs, 
privileges  and  elections,  judiciary,  and  commerce.  It  is 
by  no  means  always  certain  to  what  committee  a  bill 
should  be  referred,  and  this  may  become  a  matter  of  con- 
siderable importance  to  the  fate  of  the  bill,  since  of  two 
possible  committees  one  may  be  favorable,  the  other  hos- 
tile. The  disposition  to  be  made  of  petitions,  memorials, 
and  private  bills  is  indicated  on  them  when  they  are  handed 
to  the  clerk  by  the  members  introducing  them.  Other  bills 
are  regularly  referred  to  their  proper  committees  by  the 
Speaker,  but  his  action  may  be  changed  in  three  ways: 
(i)  by  unanimous  vote  of  the  House ;   (2)  on  motion  of  the 


LEGISLATIVE   DEPARTMENT:    ITS   WORKING     273 

committee  claiming  jurisdiction ;  (3)  on  the  report  of  the 
committee  to  which  the  bill  has  been  referred.  If  a  dispute 
arises  as  to  the  reference  of  .the  bill,  it  is  settled  by  vote  of 
the  House. 

Power  of  the  Committee.  When  a  bill  has  once  been  re- 
ferred, the  power  of  the  committee  over  it  is  rarely  ques- 
tioned. Committee  meetings  for  the  consideration  of 
bills  are  usually  secret,  and  the  public  has  no  means  of 
knowing  how  individual  committee  members  have  voted 
or  what  influences  have  been  brought  to  bear  on  the  com- 
mittee. Open  meetings  for  taking  evidence  on  the  bill  and 
for  hearing  the  arguments  of  its  advocates  and  opponents 
are  often  held,  but  unless  the  measure  is  one  in  which 
public  interest  is  already  excited,  the  newspapers  rarely 
report  the  proceedings.  Nominally  the  powers  of  the  com- 
mittee are  limited  to  the  consideration  of  bills  submitted  to 
it,  that  is,  it  has  no  right  to  initiate  bills  of  its  own ;  but 
it  may  and  does  amend  as  freely  as  it  chooses  the  bills 
submitted,  frequently  transforming  them  completely. 
Moreover,  if  it  desires  legislation  on  a  subject  concerning 
which  no  bill  has  been  introduced,  it  can  readily  procure 
the  introduction  of  the  necessary  measure.  We  have 
already  seen  that  the  committee  may  practically  kill  a 
measure  by  reporting  it  adversely,  by  reporting  it  too  late 
in  the  session,  or  by  not  reporting  it  at  all ;  and  by  the  em- 
ployment of  one  or  the  other  of  these  methods  the  vast 
majority  of  the  bills  introduced  meet  an  early  death.  In 
the  long  session  of  the  Fifty-sixth  Congress  there  were  intro- 
duced into  both  Houses  12,152  bills,  of  which  only  1215  were 
enacted  into  law ;  that  is,  about  nine  tenths  of  the  measures 
introduced  failed  to  pass.  The  House  may,  if  it  suspects 
a  committee  of  "  smothering  "  a  bill  that  public  sentiment 
favors,  order  the  committee  to  report  it,  or  it  may  transfer 


274      ACTUAL   GOVERNMENT  OF  NEW  YORK 

the  bill  to  another  committee ;  but  these  restraints  upon 
the  power  of  the  committee  are  rarely  applied. 

Reporting  Bills.  Even  after  the  rigid  sifting  to  which 
the  measures  introduced  are  subjected  by  the  committees, 
there  remain  a  great  number  of  bills  to  be  reported,  and 
the  House  can  afford  but  a  very  limited  time  for  hearing 
and  discussing  the  report  of  each  committee.  With  the 
exception  of  a  few  privileged  committees  —  such  as  the  one 
on  rules,  the  one  on  ways  and  means,  and  the  one  on  appro- 
priations, which  may  report  at  any  time  —  each  committee 
is  allowed,  on  the  average,  about  two  hours  for  the  whole 
session  for  making  its  report.  This  allows  an  extremely 
limited  time  for  debate,  and  the  result  is  that  the  House  is 
practically  forced  to  adopt  the  recommendations  of  the 
committees  in  order  to  accomplish  anything  at  all.  The 
member  reporting  the  measure,  usually  the  chairman  of 
the  committee,  has  the  privilege  of  opening  and  closing 
the  debate.  He  is  allotted  an  hour  in  which  to  explain 
and  defend  his  measure.  He  seldom,  however,  uses  all 
of  his  time,  but  "  yields  the  floor  "  for  brief  speeches  to 
other  members,  both  friends  and  opponents  of  the  bill, 
previously  agreed  upon.  He  thus  virtually  controls  the 
debate.  At  the  end  of  the  allotted  period  he  moves  that 
the  report  be  accepted,  and  at  the  same  time  "  moves  the 
previous  question."  This  cuts  off  further  amendment  and 
debate,  and  the  bill  is  voted  upon. 

Logrolling.  While  it  is  doubtful  whether  there  is  or- 
dinarily any  great  amount  of  unmitigated  bribery  prac- 
ticed in  securing  legislation,  the  milder  form  of  political 
jobbery  known  as  logrolling  is  not  infrequently  resorted 
to.  This  device  is  used  both  while  the  bill  is  still  in 
the  hands  of  the  committee  and  after  it  is  reported  to 
the  House,  in  case  there  is  any  danger  of  its  meeting  with 


LEGISLATIVE   DEPARTMENT:    ITS   WORKING     275 

real  opposition  on  the  floor.  It  is  a  bargain  struck  between 
members,  each  of  whom  has  "an  ax  to  grind."  "  You 
help  me  with  my  measure  and  I  '11  help  you  with  yours  "  is 
the  arrangement,  and  thus  votes  enough  are  secured  in  the 
committee  or  friends  enough  on  the  floor  of  the  House  to 
pass  a  measure  that  would  otherwise  be  rejected. 

Filibustering.  In  spite  of  logrolling  and  similar  de- 
vices, however,  the  course  of  legislation  does  not  always 
run  so  smoothly  as  the  description  given  above  might  lead 
one  to  suppose.  It  has  happened  not  infrequently  that  the 
opponents  of  a  measure,  while  not  numerous  enough  to 
prevent  its  passage  if  it  were  allowed  to  come  to  a  vote,  are 
still  strong  enough  to  obstruct  business  and  prevent  its 
being  voted  upon,  with  the  object  of  extorting  a  compromise 
from  the  supporters  of  the  measure.  This  process  is 
known  as  filibustering.  It  consists  in  making  all  sorts  of 
motions  that  can  delay  the  business  in  hand  —  motions  to 
adjourn,  motions  to  take  a  recess,  and  calling  for  the  yeas 
and  nays  on  either  of  these  questions.  The  last  is  an  ex- 
tremely effective  and  annoying  means  of  obstructing  busi- 
ness, first,  because  it  consumes  so  much  time,  and,  second, 
because  it  is  permitted  by  a  rule  that  the  House  cannot  alter, 
resting  as  it  does  on  an  express  provision  of  the  Constitution. 

Methods  of  Voting.  In  order  to  understand  these  tactics 
clearly  we  must  know  something  of  the  methods  of  voting 
employed  by  the  House.  Ordinarily,  in  taking  the  vote  on 
a  question,  the  presiding  officer  simply  calls  in  turn  for 
the  ayes  and  noes,  and  judges  by  the  volume  of  sound 
as  to  whether  it  has  been  carried  or  lost.  If,  however,  a 
doubt  exists,  a  division  is  taken  in  one  of  three  ways: 
either  (1)  those  in  favor  and  those  opposed  rise  successively 
and  are  counted  by  the  Speaker,  or,  (2)  if  he  is  still  in  doubt 
or  if  a  count  is  called  for  by  one  fifth  of  those  present,  the 


276  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Speaker  appoints  two  tellers,  who  stand  in  the  middle  gang- 
way and  count,  as  the  members  pass  between  them,  first 
those  who  vote  in  the  affirmative  and  then  those  who  vote 
in  the  negative,  or,  (3)  if  the  yeas  and  nays  are  demanded 
by  one  fifth  of  those  present,  that  method  is  adopted.  The 
clerk  calls  the  roll  of  the  House,  each  member  who  votes 
answering  "  aye  "  or  "  no  "  to  his  name.  This  usually  con- 
sumes an  hour  or  more.  The  roll  is  then  called  a  second 
time  in  order  to  give  those  an  opportunity  to  vote  who  did 
not  vote  on  the  first  call,  or  to  allow  others  to  change  their 
votes.  Since  the  Constitution  provides  that  the  yeas  and 
nays  must  be  taken  on  any  question — questions  of  adjourn- 
ment as  well  as  questions  of  substance  —  at  the  demand  of 
one  fifth  of  those  present,  it  is  easy  to  see  how  potent  a 
means  of  obstruction  this  may  be  made. 

Restraint  of  Filibustering.  Of  late  the  House  has  adopted 
somewhat  stringent  rules  to  prevent  filibustering,  rules 
as  stringent,  perhaps,  as  are  at  all  necessary.  It  should 
be  remembered  that  it  is  a  method  that  can  be  used  suc- 
cessfully only  by  a  large  minority,  fertile  in  expedients, 
and  that  the  minority  party  will  rarely  combine  for  this 
purpose  except  on  important  questions.  Moreover,  if 
the  question  is  one  in  which  public  interest  has  been 
awakened,  the  party  that  employs  such  obstructive  tactics 
renders  itself  liable  to  popular  disapproval  —  a  risk  that  it 
is  rarely  willing  to  take.  Since,  in  extreme  cases,  the  device 
of  filibustering  may  be  used  as  a  safeguard  against  the 
abuse  of  the  system  of  closure  of  debate  by  means  of  the 
"  previous  question,"  perhaps  it  would  not  be  wise  to  pre- 
vent its  employment  altogether,  even  if  that  were  possible. 

Closure  of  Debate.  In  a  large  legislative  body  it  is  neces- 
sary that  means  of  expediting  business  be  employed.  One 
such  means  is  found  in  the  adoption  of  the  recommendations 


LEGISLATIVE   DEPARTMENT:    ITS   WORKING     277 

of  the  committees.  Another  is  the  system  of  closure  of  debate 
just  mentioned.  The  debate  is  usually  closed  by  "  moving 
the  previous  question"  in  the  form,  Shall  the  main  ques- 
tion now  be  put?  If  this  is  ordered  (and  the  motion  for 
the  previous  question  cannot  itself  be  debated),  the  House 
must  at  once  proceed  to  a  vote  on  the  main  question.  Any 
member  may  move  this  closure  of  debate  without  permis- 
sion from  the  Speaker,  and  it  may  be  passed  by  a  majority 
of  those  present.  Until  March  8,  191 7,  there  was  no  limit 
upon  debate  in  the  Senate.  To  punish  "  a  little  group 
of  willful  men"  for  defeating  the  war  policy  of  President 
Wilson  by  an  abuse  of  the  privilege  of  unlimited  debate  in 
the  closing  hours  of  the  Sixty-fourth  Congress,  the  Senate 
passed  a  resolution  limiting  debate  whenever  two  thirds  of 
its  members  so  directed. 

Advantages  and  Disadvantages  of  the  Committee  System. 
In  the  foregoing  discussion  of  the  committee  system  it  has 
already  been  suggested  that  this  system  possesses  both  ad- 
vantages and  disadvantages.  These  may  now  be  pointed 
out  more  definitely.     Its  chief  advantages  are : 

(1)  It  kills  off  worthless  bills  at  an  early  stage  of  their  exist- 
ence, thus  preventing  waste  of  time  on  the  part  of  the  House. 

(2)  Through  it  the  House  can  accomplish  vastly  more 
legislation  than  would  otherwise  be  possible,  though  it  runs 
the  risk  of  accepting  the  bad  work  of  its  committees  as  well 
as  the  good. 

(3)  It  promotes  specialization  in  legislative  work.  Under 
it  each  leader  in  the  House  may  be  assigned  the  work  for 
which  he  is  especially  fitted,  and  every  subject  of  legislation 
may  be  put  into  the  hands  of  those  members  who  know 
most  about  it. 

(4)  It  makes  it  possible  for  Congress  to  subject  the 
administrative    departments    to    investigation    at   any   time. 


278   ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  committee  cannot  punish  the  departments  for  malad- 
ministration, but  it  can  make  public  the  condition  of  affairs 
and  subject  them  to  public  censure. 

(5)  It  makes  possible  cooperation  between  the  executive 
and  legislative  departments.  Cabinet  members  cannot 
urge  their  measures  on  the  floor  of  the  House,  but  they 
may  do  so  before  the  committees. 

On  the  other  hand,  the  following  disadvantages  of  the 
system  have  been  cited :  (1)  It  breaks  up  the  unity  of  the 
House ;  (2)  it  cramps  debate ;  (3)  it  lessens  the  harmony 
of  legislation ;  (4)  it  facilitates  corruption ;  (5)  it  reduces 
responsibility ;  (6)  it  dissipates  the  ability  of  the  House 
into  independent  groups ;  (7)  it  lowers  the  interest  of  the 
nation  in  the  proceedings  of  Congress.1  How  the  evils  of 
our  committee  system  are  to  be  remedied  while  its  advan- 
tages are  retained  is  one  of  the  problems  of  practical  politics 
for  American  citizens. 

The  Speaker.  One  more  striking  feature  of  our  legisla- 
tive system  is  the  power  over  legislation  intrusted  to  the 
Speaker  of  the  House  of  Representatives.  One  writer 
calls  him  "  the  second,  if  not  the  first,  political  figure 
in  the  United  States,"  while  another  says  of  him  that  he  is 
"  the  most  interesting  and  important  legislative  officer  in 
the  American  Commonwealth,  if  not  in  the  world."  We 
borrowed  our  Speaker  from  the  English  House  of  Commons, 
but  we  have  radically  changed  his  character.  The  English 
speaker,  no  matter  what  his  political  affiliations  or  his 
standing  in  his  party  before  election,  must  immediately  on 
election  forget  his  party  and  become  simply  a  fair  and  judi- 
cial presiding  officer.  The  American  Speaker,  on  the  other 
hand,  is,  and  is  expected  to  remain,  a  party  leader,  using 
his  office  for  party  purposes.     This  does  not  mean  that  he  is 

1  Woodburn,  pp.  284  seq. 


LEGISLATIVE  DEPARTMENT:    ITS   WORKING     279 

privileged  to  use  unfair  means  for  furthering  party  projects, 
or  that  he  may  wrest  the  rules  of  the  House  from  their 
obvious  meaning  in  order  to  secure  a  party  advantage ; 
but  he  may  make  the  fullest  possible  use  of  any  means  that 
his  office  legitimately  places  in  his  hands  for  furthering  the 
interests  of  his  party. 

The  Speaker :  Sources  of  his  Power.  Formerly  the 
Speaker's  power  over  legislation  was  derived  in  three 
ways :  (1)  through  his  power  of  appointing  committees ; 
(2)  through  his  power  of  granting  or  withholding  recognition 
to  a  member  desiring  to  address  the  House;  (3)  through 
his  position  as  chairman  of  the  committee  on  rules.1  In 
recent  years,  however,  the  Speaker  has  been  shorn  of  much 
of  his  former  power.  This  has  been  accomplished  through 
the  election  by  the  House  of  its  own  committees  instead  of 
having  them  appointed  by  the  Speaker  as  formerly.  Now 
both  the  minority  and  the  majority  members  of  the  com- 
mittees are  nominated  by  their  respective  parties  in  the 
House  and  elected  by  vote  of  all  members  of  the  House. 
Furthermore,  the  Speaker  is  no  longer  a  member  of  the  rules 
committee.  Others  there  are  who  would  further  limit  the 
power  of  the  Speaker  by  making  him  merely  a  presiding 
officer  either  chosen  by  the  House  outside  of  its  membership 
or  directly  by  the  people  at  presidential  elections.  The 
president  of  the  Senate  is  not  a  member  of  the  Senate  and 
is  chosen  by  the  people.  This  fact  furnishes  the  basis  for 
the  suggestion  outlined  above  relating  to  the  choice  of  the 
Speaker  of  the  House. 

Recognition.  Through  the  Speaker's  power  of  recogni- 
tion he  exercises  almost  as  much  influence  over  the  course 

1  In  1910  each  party  nominated  its  own  representatives  on  the  rules 
committee,  and  the  Speaker  was  not  made  a  member;  in  1911  the  ways 
and  means  committee  appointed  the  remaining  House  committees. 


280     ACTUAL   GOVERNMENT  OF  NEW  YORK 

of  legislation  as  through  his  former  power  of  appointing 
committees.  Originally  the  rule  was  that  the  Speaker 
should  recognize  the  member  who  first  asked  for  recogni- 
tion. In  present  practice  there  are  few  limitations  on  his 
power  to  recognize  whom  he  pleases.  Ordinarily  it  is  cus- 
tomary for  him  to  recognize  the  chairman  of  the  committee, 
that  is,  to  recognize  a  committee  in  the  person  of  its  chair- 
man in  preference  to  an  individual  member.  Similarly,  while 
a  bill  is  passing  through  its  various  stages,  preference  is  given 
to  the  member  who  has  it  in  charge.  Custom  has  placed 
upon  him  a  few  other  restrictions  also,  but  in  emergencies 
he  may  use  his  power  of  recognition  in  such  a  way  as  to  give 
him  absolute  control  of  legislation.  He  may  prevent  a 
measure  to  which  he  objects  from  being  voted  upon  at 
all  by  refusing  recognition  to  any  member  who  wishes  to 
bring  it  to  a  vote.  The  only  real  limitation  upon  his 
absolute  power  in  the  matter  of  recognition  is  the  possi- 
bility of  calling  down  upon  himself  the  disapproval  of  his 
own  party  members. 

Committee  on  Rules.  The  committee  on  rules  con- 
sists of  only  eleven  members,  seven  from  the  majority  party 
and  four  from  the  minority  —  a  committee  which  has  in  re- 
cent years  become  by  far  the  most  powerful  one  in  the  House. 
Its  seven  majority  members  are  the  ablest  and  most  ex- 
perienced members  of  their  party  —  the  party  leaders.  Un- 
der existing  rules  this  small  committee  has  absolute  power  to 
decide  what  business  shall  come  before  the  House.  This  it 
does  by  means  of  its  exclusive  power  of  initiating  the  special 
order  (an  order  of  the  House  naming  a  special  time  for  the 
consideration  of  a  measure).  The  power  of  the  committee 
has,  of  course,  been  given  to  it  by  vote  of  the  majority  in 
the  House  and  could  be  taken  away  from  it  in  the  same 
manner.     That  it  is  permitted  to  retain  it  is  due  to  the  fact 


LEGISLATIVE   DEPARTMENT:    ITS   WORKING     281 

that  some  such  directing  committee  is  necessary  to  enable 
a  body  so  large  to  accomplish  its  work.  This  committee 
is  now  chosen  by  the  House  in  the  same  manner  as  are  the 
other  standing  committees. 

The  Party  Caucus.  One  other  agency  employed  by  Con- 
gress to  facilitate  the  work  of  legislation  should  be  noticed. 
This  is  the  organization  of  parties  in  Congress.  If  we  are  to 
have  efficient  and  successful  party  government,  it  is  clear 
that  some  sort  of  organization  is  necessary.  The  party 
must  devise  some  means  of  informing  its  members  of  its 
wishes  in  regard  to  the  measures  to  be  voted  on,  some 
means  of  securing  united  action  from  its  members  on  im- 
portant questions,  some  means  of  noting  changes  of  opinion 
among  its  members.  This  work  is  accomplished  by  means 
of  the  party  caucus.  At  the  beginning  of  every  Congress, 
caucus  committees  are  chosen  whose  business  it  is  to  call 
the  caucus  meetings  and  to  act  as  general  party  managers 
in  the  legislature.  In  matters  of  minor  importance  party 
members  are  allowed  a  good  deal  of  freedom,  but  if  a 
measure  is  deemed  important  enough  to  require  concerted 
party  action,  it  is  made  a  "  caucus  measure."  A  meeting  of 
all  the  party  members  is  called,  and  all  the  force  of  party 
influence  is  exerted  to  secure  a  unanimous  party  vote. 
The  member  who  "  goes  into  caucus  "  on  a  measure  is 
considered  in  honor  bound  to  vote  upon  it  in  the  House 
in  accordance  with  the  wishes  of  his  party,  and  "  bolting  " 
is  very  rare. 

The  Necessity  for  Expediting  Business.  We  have  seen 
something  of  the  way  in  which  the  House  works  and  of 
the  variety  of  agencies  it  employs  for  expediting  business. 
The  necessity  for  the  employment  of  such  agencies  becomes 
obvious  when  we  consider  how  very  large  is  the  number  of 
bills  introduced  every  year.    In  the  Thirty-seventh  Congress 


282  ACTUAL  GOVERNMENT  OF  NEW  YORK 

(1861-1863)  1026  bills  were  introduced.  In  the  Fifty- 
seventh  there  were  22,000.  The  proportion  of  those  that 
pass  is  very  small,  and  the  vast  majority  never  reach  a  third 
reading.  Many  bills  are  introduced  in  the  expectation  that 
they  will  be  "  buried"  in  committee  or  on  the  calendar. 
They  are  introduced  to  satisfy  a  constituency  or  to  gratify 
some  private  or  local  interest,  and  the  House  understands 
well  enough  what  their  fate  is  to  be.  Most  of  the  bills 
introduced  are  private  bills,  local  or  personal  in  character  — ■ 
bills  for  satisfying  claims  against  the  government,  granting 
pensions,  etc. 

Contrast  between  the  Houses.  More  than  one  writer 
has  described  the  impression  made  upon  him  on  seeing  Con- 
gress at  work,  and  all  have  noted  the  contrast  between  the 
two  Houses.  About  the  Senate  there  is  an  air  of  gravity  and 
dignity.  It  has  been  described  as  making  somewhat  the 
impression  of  a  diplomatic  congress.  At  the  same  time  it  is 
"  modern,  severe,  practical."  "  The  faces  are  keen  and 
forcible  as  of  men  who  have  learned  to  know  the  world  and 
have  had  much  to  do  with  it."  The  House,  on  the  other 
hand,  makes  a  general  impression  of  disorder,  due  in  part  to 
"  the  raising  and  dropping  of  desk  lids,  the  scratching  of 
pens,  the  clapping  of  hands  to  call  the  pages,  .  .  .  the  pat- 
tering of  many  feet,  the  hum  of  talking  on  the  floor  and  in 
the  galleries,"  but  due  in  part  also  to  an  "  absence  of  dig- 
nity both  in  its  proceedings  and  in  the  bearing  and  aspect 
of  individual  members."  Yet  it  may  be  questioned  whether 
the  House  is  not  after  all  in  some  respects  the  more  impres- 
sive body  of  the  two.     Mr.  Bryce  says  of  it : 

"  This  huge  gray  hall,  filled  with  perpetual  clamor,  this 
multitude  of  keen  and  eager  faces,  this  ceaseless  coming 
and  going  of  many  feet,  this  irreverent  public,  watching  from 
the  galleries  and  forcing  its  way  onto  the  floor,  all  speak  to 


LEGISLATIVE  DEPARTMENT:    ITS   WORKING     283 

the  beholder's  mind  of  the  mighty  democracy,  destined  in 
another  century  to  form  one  half  of  civilized  mankind,  whose 
affairs  are  here  debated.  If  the  men  are  not  great,  the  in- 
terests and  the  issues  are  vast  and  fateful.  Here,  as  so 
often  in  America,  one  thinks  rather  of  the  future  than  of  the 
present.  Of  what  tremendous  struggles  may  not  this  hall 
become  the  theater  in  ages  yet  far  distant,  when  the  parlia- 
ments of  Europe  have  shrunk  to  insignificance?  " 

Desirability  of  Career  in  Congress.  It  would  seem  as  if  a 
career  in  Congress,  the  supreme  legislative  body  of  one 
of  the  greatest  nations  in  the  world,  ought  to  offer  attrac- 
tions at  least  equal  to  those  of  the  professions  and  the  higher 
spheres  of  commercial  and  industrial  life.  As  a  matter  of 
fact,  however,  political  life  attracts  comparatively  few  of 
the  most  highly  gifted  and  ambitious.  Not  only  is  the 
congressman's  tenure  of  his  position  very  precarious,  but 
the  position  itself  offers  little  opportunity  for  distinction. 
The  real  work  of  legislation  is  done  in  the  committee,  and 
the  world  sees  and  knows  nothing  of  it.  Real  merit  and 
ability  will  gain  recognition  in  Congress  as  everywhere  else, 
provided  its  possessor  is  permitted  to  remain  there  long 
enough  to  make  his  influence  felt;  but  comparatively  few 
are  so  permitted.  This  is  particularly  true  of  the  House. 
By  the  time  a  new  member  has  mastered  thoroughly  the 
procedure  of  the  House,  his  term  is  at  an  end,  and  he  has 
had  no  opportunity  to  distinguish  himself.  If  he  is  re- 
turned for  more  than  a  second  term,  he  is  one  of  a  fortunate 
few.  The  position  of  senator  is  naturally  more  desirable 
than  that  of  representative.  He  has  more  power,  more 
dignity,  a  more  permanent  and  more  independent  position. 
In  some  respects,  indeed,  the  position  of  senator  is  the 
most  desirable  in  the  political  world.  It  is  more  permanent 
than  that  of  president  or  cabinet  officer,  it  requires  less 


284  ACTUAL  GOVERNMENT  OF  NEW  YORK 

labor,  it  involves  less  vexation  by  office-seekers ;  but  it  is 
open  to  only  a  few.  Of  those  who  seek  a  political  career 
the  great  majority  must  content  themselves  with  the  much 
less  attractive  work  of  the  House. 

Library  References.  Macy,  chap,  xxxiv ;  Macy,  First  Lessons, 
chap,  xvii ;  Dawes,  chaps,  iv-v;  Bryce,  Vol.  I,  chaps,  xii-xv,  xix; 
Hinsdale,  chap,  xxiv;  Wilson,  §§  1061-1062,  1071-1077,  1080-1081 ; 
Congressional  Directory;  Wilson,  Congressional  Government,  chap,  ii, 
pp.  168-169,  193-219,  chap,  vi;  Harrison,  chap,  hi;  Alton,  chaps, 
v-vi,  viii,  xi,  xv-xvi,  xx-xxiii,  xxv-xxviii,  xxx-xxxii ;  Lalor,  Article  on 
Parliamentary  Law;  Woodburn,  pp.  223-226,  230-231,  257-301, 
313-315;    Fiske,  pp.  228-230. 

QUESTIONS   ON   THE   TEXT 

1.  What  are  legislative  bills?  Where  may  they  originate 
under  the  national  government?  What  is  the  difference  be- 
tween a  bill  and  a  law? 

2.  State  the  provision  of  the  Constitution  regarding  bills 
vetoed  by  the  president.     Give  a  reason  for  this  provision. 

3.  Give  the  different  steps  by  which  a  bill  becomes  a  law. 

4.  What  are  legislative  committees?  What  are  their  rela- 
tions to  legislation? 

5.  Explain  the  necessity  of  legislative  committees.  State 
two  evils  that  may  result  from  transacting  business  through 
such  committees. 

6.  State  the  advantages  of  committees  in  legislative  bodies. 
What  is  meant  by  "  committee  of  the  whole  "  ?  State  an 
advantage  of  considering  a  bill  in  committee  of  the  whole. 

7.  What  power  has  the  Speaker  of  the  House  over  legis- 
lation ? 

8.  How  is  a  bill  introduced  in  the  Senate  ?  in  the  House  ? 

9.  If  a  committee  attempts  to  smother  a  bill,  how  may 
Congress  regain  possession  of  it  ? 


LEGISLATIVE  DEPARTMENT:    ITS  WORKING    285 

10.  How  is  a  vote  on  a  bill  taken  ?  In  cases  of  doubt,  what 
means  may  be  resorted  to  ? 

11.  Explain  the  meaning  and  use  of  the  following  terms  as 
applied  to  Congress  :  "  caucus,"  "  log  rolling,"  "  jobbery,"  "  bolt- 
ing," "  special  order,"  "  counting  a  quorum,"  "  filibustering." 

12.  Which  house  of  Congress  is  the  more  dignified,  and  why  ? 
Discuss  fully. 

13.  Define  the  "cabinet,  or  ministerial,  system"  of  govern- 
ment;  the  "congressional,  or  committee,  system." 

14.  In  how  many  ways  may  a  committee  kill  a  measure 
referred  to  it?  In  what  other  way  may  a  committee  shape 
legislation  ? 


CHAPTER  XXII 

EXECUTIVE    DEPARTMENT:     PRESIDENT   AND 
VICE    PRESIDENT 

Executive  Department.  We  come  now  to  the  considera- 
tion of  another  of  the  three  great  departments  essential 
to  every  complete  government  —  the  executive.  We 
have  seen  how  the  Constitution  provided  for  the  creation 
and  organization  of  a  law-making  department  and  endowed 
it  with  powers,  and  we  have  learned  something  of  the  way 
in  which  this  branch  of  government  has  developed  in  actual 
practice  and  of  the  means  by  which  it  performs  its  functions. 
It  is  our  task  now  to  ask  the  same  questions  in  regard  to 
the  law-enforcing  department :  How  was  it  created  ?  How 
is  it  organized  ?    What  may  it  do  ?    How  does  it  do  it  ? 

The  Convention  and  the  Presidency.  The  makers  of 
our  Constitution  believed  firmly  in  the  separation  and  co- 
ordination of  the  three  branches  of  government.  To  a 
greater  or  less  extent  this  separation  existed  in  the  govern- 
ments of  the  various  states,  and  their  undoubted  superior- 
ity to  the  government  of  the  Confederation,  in  which  such 
executive  functions  as  existed  were  united  with  the  legis- 
lative, was  attributed  to  this  fact  of  separation.  The 
desire  to  establish  a  similar  separation  of  powers  in  the 
national  government,  with  only  so  much  interaction  as  was 
absolutely  necessary  in  order  to  prevent  the  usurpation  of 
power  by  any  one  of  the  three  branches,  is  seen  very  clearly 
in  the  organization  of  all  of  them.     It  is  seen  particularly 

286 


287 


288   ACTUAL  GOVERNMENT  OF  NEW  YORK 

in  the  creation  of  what  had  not  before  existed,  namely,  the 
office  of  president  of  the  United  States.-  The  Congress  of 
the  Confederation  had  had  a  presiding  officer  whom  they 
called  a  president,  but  aside  from  the  duty  of  presiding  at 
the  meetings  of  Congress,  his  function  differed  not  at  all 
from  those  of  his  colleagues.  He  was  in  no  sense  the  execu- 
tive head  of  a  government. 

A  Difficult  Question.  The  problems  with  which  the  Con- 
vention struggled  in  creating  and  organizing  a  separate 
executive  department  seem  to  have  been  in  some  respects 
the  most  troublesome  with  which  it  had  to  deal.  Al- 
most every  question  that  arose  in  connection  with  the 
matter  called  forth  serious  debate.  Whether  there  should 
be  a  single  executive  or  an  executive  body  or  council,  what 
should  be  the  length  of  the  term,  whether  or  not  the  execu- 
tive should  be  reeligible,  what  should  be  the  manner  of 
choice  —  on  all  these  points  widely  different  opinions  were 
entertained  in  the  Convention.  One  of  them,  the  question 
as  to  the  method  of  choice,  is  said  to  have  occupied  a  seventh 
of  the  whole  time  of  the  Convention. 

Plan  Adopted.  We  are  now  so  accustomed  in  all  our 
governments,  national,  state,  and  local,  to  the  practice  of 
vesting  executive  authority  in  a  single  person,  that  the  idea 
of  a  plural  executive  seems  strange  to  us ;  yet  in  the  Con- 
vention the  plan  of  having  a  plural  executive  was  warmly 
advocated.  To  many  of  the  men  of  that  period  the  idea 
of  a  single  executive  savored  of  monarchy,  and  monarchy 
they  could  not  abide.  It  was  argued  in  the  Convention 
that  the  people  would  never  ratify  a  constitution  that  pro- 
vided for  a  single  executive.  On  the  other  hand,  the  failure  of 
the  Confederation  had  convinced  many  that  what  the  coun- 
try needed  above  all  things  was  a  strong  executive,  capable 
of  acting  vigorously  and  promptly ;  and  this,  it  was  argued, 


PRESIDENT    AND    VICE  PRESIDENT  289 

could  never  be  secured  through  a  council  or  assembly.  This 
view  finally  prevailed  and  a  single  executive  was  agreed  to, 
but  the  Convention  took  good  care  to  safeguard  the  liberties 
of  the  people  in  a  variety  of  ways.  They  devised  a  mode 
of  election  that  was  intended  to  make  him  independent  of 
the  national  legislature  and  free  to  devote  himself  solely 
to  the  interests  of  the  whole  people  ;  they  made  him  subject 
to  impeachment  and  removal  in  case  he  betrayed  the  trust 
reposed  in  him  ;  they  limited  his  term  of  office  ;  they  gave 
the  Senate  a  share  with  him  in  certain  very  important  ex- 
ecutive functions ;  and  they  gave  the  control  of  the  public 
purse  into  the  hands  of  Congress.  It  would  seem  sufficiently 
obvious  that  such  limitations  as  these  are  hardly  compatible 
with  monarchical  power  such  as  the  men  of  that  time  stood 
in  dread  of ;  yet  it  was  deemed  wise  to  attempt  to  prove 
in  The  Federalist  that  no  very  close  analogy  existed  between 
the  king  and  the  president  of  the  United  States. 

Qualifications  for  the  Presidency.  The  Constitution 
requires  that  the  candidate  for  the  presidency  shall  be  a 
natural-born  citizen  or  a  citizen  at  the  time  of  the  adoption 
of  the  Constitution,  that  he  shall  be  at  least  thirty-five  years 
of  age,  and  that  he  shall  have  been  for  fourteen  years  a  resi- 
dent within  the  United  States.  The  clause  making  eligible 
those  who  were  citizens  at  the  time  of  the  adoption  of  the 
Constitution,  even  though  foreign-born,  has  of  course  be- 
come inoperative.  It  was  inserted  in  order  not  to  bar  out 
such  men  as  Hamilton  and  Wilson,  who,  though  not  born 
within  the  United  States,  were  among  the  ablest,  most  de- 
voted, and  most  patriotic  citizens  of  the  young  republic. 
The  phrase  "  natural-born  citizens  "  has  been  interpreted 
to  mean  born  within  the  jurisdiction  of  the  United  States. 
Thus  children  born  to  American  citizens  on  American  vessels 
in  foreign  ports,  or  to  our  ambassadors,  consuls,  or  other 


290  ACTUAL  GOVERNMENT  OF  NEW  YORK 

representatives  in  foreign  countries,  or  to  American  citizens 
traveling  or  temporarily  sojourning  abroad,  do  not  become 
ineligible  to  this  office.  On  the  other  hand,  children  born 
in  this  country  to  foreign  representatives  are  not  eligible. 

Term  and  Reeligibility.  Widely  varying  opinions  were 
held  in  the  Convention  as  to  what  should  be  the  length  of 
the  president's  term  of  office,  and  the  question  was  closely 
bound  up  with  that  of  his  reeligibility  and  the  manner  of 
election.  Four  years  was  the  term  fixed  by  the  Constitution, 
and  the  president  was  made  reeligible.  Some  suggested 
three  years  and  many  favored  a  longer  term,  five,  six, 
seven,  and  ten  years  being  among  the  suggestions.  Hamil- 
ton, in  his  desire  to  create  a  strong  executive,  favored  a  life 
term  subject  only  to  removal  by  impeachment.  In  general 
those  who  favored  a  long  term  were  also  in  favor  of  making 
the  president  ineligible  for  reelection.  Likewise,  those  who 
favored  his  election  by  Congress  (for  that  was  one  of  the 
modes  of  election  proposed)  thought  that  he  ought  not  to 
be  made  reeligible,  since  that  would  increase  the  likelihood 
of  his  intriguing  with  Congress  for  reelection.  While  the 
Constitution  places  no  limit  on  the  reelection  of  the  presi- 
dent, the  custom  of  reelection  but  once  has  become  so  firmly 
fixed  that  it  would  be  very  difficult  to  change  it.  Many 
now  question  the  wisdom  of  allowing  even  a  second  term. 
They  argue  that  under  the  present  arrangement  the  presi- 
dent is  likely  to  be  more  concerned  about  being  president 
for  two  terms  than  about  being  a  good  president  for  one ; 
and  that  he  will  in  consequence  strive  to  please  the  party 
managers,  and  only  secondarily  to  serve  the  people. 

Salary.  While  the  Constitution  provides  that  the  presi- 
dent shall  receive  compensation  for  his  services,  it  makes 
no  attempt  to  determine  the  amount  of  his  salary.  It  only 
provides  that  it  "  shall  neither  be  increased  nor  diminished 


PRESIDENT    AND    VICE    PRESIDENT  291 

during  the  period  for  which  he  shall  have  been  elected," 
and  that  "  he  shall  not  receive  within  that  period  any  other 
emolument  from  the  United  States  or  any  of  them."  Con- 
gress first  fixed  the  salary  of  the  president  at  $25,000.  In 
1873  this  was  increased  to  $50,000,  and  in  1909  to  $75,000, 
with  an  allowance  of  $25,000  per  year  for  traveling  ex- 
penses.1 In  addition  to  his  salary  the  president  is  given 
the  use  of  the  national  executive  mansion,  the  White 
House.  The  cost  of  maintaining  the  executive  branch  of  our 
government  including  the  salaries  of  the  president,  the  vice 
president,  and  the  secretary  to  the  president,  together  with 
the  expenditures  for  the  care  of  the  executive  mansion  and 
a  few  other  items,  is  extremely  small  compared  with  similar 
expenditures  by  foreign  governments. 

Election:  Methods  Proposed  in  the  Convention.  These 
questions  of  the  qualifications,  term,  salary,  etc.,  of  the 
chief  executive  were  the  easiest  ones  with  which  the  Con- 
vention had  to  deal  in  organizing  the  executive  department. 
They  met  the  most  difficult  one  when  they  attempted  to 
devise  a  method  of  election.  When  their  work  was  finished, 
there  was  no  other  part  of  the  Constitution  that  they  re- 
garded with  so  much  satisfaction  as  the  plan  agreed  upon ; 
yet  no  other  part  has  failed  so  completely  to  fulfill  the  ex- 
pectations entertained  of  it.  In  the  Convention  almost 
every  possible  method  of  choice  was  proposed.  Some 
proposed  that  the  president  be  elected  by  Congress  ;  others 
that  he  be  elected  by  the  executives  of  the  states ;  others 
by  the  state  legislatures ;  others  by  electors  chosen  by  the 
state  legislatures  or  by  the  people.  Mr.  Wilson  of  Pennsyl- 
vania proposed  direct  election  by  the  people,  apologizing  at 

1  The  emperor  of  Germany  has  a  salary  approximately  of  $3,850,000; 
the  king  of  England,  $2,350,000;  the  president  of  France,  $120,000  and 
$1 20,000  for  expenses. 


2Q2   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  same  time  for  his  suggestion,  because  he  felt  that  it 
would  appear  chimerical  to  the  Convention.  If  there 
existed  in  the  Convention  a  deep-seated  fear  of  monarchy, 
there  was  an  almost  equal  distrust  of  pure  democracy.  It 
was  not  believed  that  the  people  would  possess  the  informa- 
tion or  the  discernment  necessary  to  enable  them  to  choose 
the  best  man  for  the  place  ;  it  was  thought  that  they  would 
be  too  much  at  the  mercy  of  demagogues,  and  that,  more- 
over, to  leave  the  decision  of  so  important  a  matter  in 
their  hands  might  result  in  tumult  and  disorder.  On  the 
other  hand,  if  the  choice  were  left  to  Congress  or  any  other 
preexisting  body  that  could  be  tampered  with  beforehand, 
there  would  be  danger  of  intrigue  and  corruption.  The 
Convention  deemed  it  desirable  that  the  people  should  have 
some  voice  in  the  matter,  but  they  thought  it  wise  to  place 
the  immediate  election  in  the  hands  of  a  specially  chosen 
electoral  college,  which,  after  due  deliberation,  should  choose 
as  wisely  as  possible.  Hence  the  double  mode  of  election. 
Method  Chosen.  As  originally  wrought  out  in  the  Con- 
stitution, this  method  was  as  follows :  Each  state  was  to 
select,  in  whatever  manner  the  state  legislature  might  direct, 
a  number  of  electors  equal  to  the  number  of  its  senators 
and  representatives  in  Congress,  but  no  United  States  officer 
was  to  be  eligible  to  an  electorship.  The  electors  were  then 
to  meet  in  their  respective  states  on  a  day  fixed  by  law  and 
vote  for  two  persons,  one  of  whom  was  to  be  an  inhabitant 
of  some  other  state  than  their  own.  They  were  then  to 
send  sealed  to  the  capital  a  certified  list  of  the  persons  voted 
for,  with  the  number  of  votes  received  by  each,  and  these 
lists  were  there  to  be  opened  by  the  president  of  the  Senate, 
in  the  presence  of  both  Houses,  and  counted.  The  person 
receiving  the  highest  number  of  votes,  provided  that  number 
were  a  majority  of  the  whole  number  of  electors,  was  to  be 


PRESIDENT    AND    VICE    PRESIDENT  293 

president,  and  the  person  having  the  next  highest  number 
was  to  be  vice  president.  If  two  candidates  had  an  equal 
number  and  that  number  a  majority,  or  if  no  candidate  had 
a  majority,  the  House  of  Representatives  was  to  choose  the 
president,  in  the  first  case  from  the  two  that  were  "  tied," 
in  the  last  case  from  the  five  highest  on  the  list.  The  House 
was  to  vote  by  states,  the  whole  representation  from  each 
state  voting  as  one,  two  thirds  of  all  the  states  constituting 
a  quorum,  and  a  majority  of  all  the  states  being  necessary 
for  election.  In  case  of  a  tie  for  vice  president  the  Senate 
was  to  elect  that  official. 

A  Defect  Discovered.  It  will  be  noticed  that  according 
to  this  provision  the  electors  might  vote  for  two  persons 
without  designating  which  one  they  desired  for  president 
and  which  for  vice  president.  The  one  receiving  the  great- 
est number  of  votes  in  excess  of  a  majority  was  to  be  presi- 
dent, and  the  person  receiving  the  next  highest  number, 
whether  it  was  a  majority  or  not,  was  to  be  vice  president. 
The  result  was  that  in  the  election  of  1800,  Jefferson,  whom 
the  electors  desired  for  president,  received  the  same  number 
of  votes  as  Burr,  whom  they  had  meant  to  elect  vice,  presi- 
dent. This  gave  the  power  of  election  to  the  House,  and 
Jefferson  was  elected,  though  not  without  difficulty.  This 
incident  led  to  the  adoption  of  the  Twelfth  Amendment, 
which  provides  the  present  mode  of  election. 

The  Twelfth  Amendment.  By  this  amendment  it  is  pro- 
vided that  the  president  and  the  vice  president  shall  be 
voted  for  separately,  and  that  distinct  lists  of  those  voted 
for  shall  be  sent  to  the  capital.  The  votes  are  to  be  opened 
and  counted  as  provided  before,  and  in  case  no  candidate 
has  a  majority,  the  House  is  to  elect  as  before,  except  that 
it  is  to  choose  from  the  three  instead  of  the  five  highest. 
If,  when  the  choice  devolves  upon  the  House,  that  body  fails 


294   ACTUAL  GOVERNMENT  OF  NEW  YORK 

to  elect  a  president  before  the  fourth  of  March,  the  newly 
elected  vice  president  shall  act  as  president.  If  the  electors 
fail  to  elect  a  vice  president,  that  duty  devolves  upon  the 
Senate,  which  makes  its  choice  from  the  two  highest  on  the 
list  voted  on  for  vice  president.  In  case  neither  president 
nor  vice  president  should  be  chosen  before  the  fourth  of 
March,  the  Constitution  makes  no  provision  for  the 
succession. 

Another  Defect.  In  the  election  of  1876  another  defect 
became  apparent.  In  that  election  there  were  369  electoral 
votes  to  be  cast,  185  being  necessary  to  a  choice.  Of  these 
Mr.  Tilden,  the  Democratic  candidate,  had  unquestionably 
received  184,  while  Mr.  Hayes  had  received  164  undis- 
puted votes.  In  four  states,  however  (South  Carolina, 
Florida,  Louisiana,  and  Oregon),  with  21  electoral  votes, 
both  parties  claimed  the  election.  In  all  these  states 
both  sets  of  electors  had  met,  voted,  and  sent  up  cer- 
tified returns.  The  question  now  arose,  "  Who  shall 
decide  which  return  is  to  be  accepted?"  All  that  the 
Constitution  says  in  regard  to  the  matter  is  that  "  the 
president  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates and  the  votes  shall  then  be  counted."  The  Republicans 
insisted  that  the  vice  president,  a  Republican,  should  decide, 
since  he  was  president  of  the  Senate.  The  Democrats  main- 
tained that  since  the  count  was  to  be  made  in  the  presence 
of  Congress,  the  reasonable  inference  was  that  that  body 
was  to  decide  upon  the  validity  of  it.  In  this  case,  however, 
the  Senate  was  Republican  and  the  House  Democratic,  so 
that  the  only  result  of  leaving  the  decision  to  Congress  would 
be  a  deadlock.  The  difficulty  was  temporarily  solved  by 
the  creation  by  Congress  of  an  electoral  commission  consist- 
ing of  five  senators,  five  representatives,  and  five  justices 


PRESIDENT    AND    VICE    PRESIDENT  295 

of  the  Supreme  Court.  The  vote  in  the  commission,  which 
was  made  up  of  eight  Republicans  and  seven  Democrats,  was 
given  on  strictly  party  lines,  and  the  Republican  candidate 
was  elected.  In  1887  an  act  was  passed  by  Congress  requir- 
ing the  choice  of  electors  to  be  settled  by  the  laws  of  the 
state  at  least  six  days  before  the  meeting  of  the  electors.  In 
case  such  settlement  is  not  effected,  the  dispute  is  referred 
to  Congress,  and  if  Congress  fails  to  decide,  the  electoral 
vote  of  the  state  is  lost. 

Time  and  Method  of  Choosing  Electors.  The  Constitution 
gives  to  Congress  the  right  to  determine  the  time  for  choosing 
the  electors  in  the  various  states,  as  well  as  the  right  to  fix 
the  day  when  the  electors  shall  cast  their  votes.  The  only 
restriction  is  that  the  day  fixed  for  the  final  vote  shall  be  the 
same  throughout  the  United  States.  The  time  of  choosing 
electors  and  the  time  when  they  should  meet  and  vote  for 
president  and  vice  president  has  been  changed  by  Congress 
at  different  times.  These  changes  have  been  made  with  a 
view  to  making  it  easier  to  settle  disputed  elections.  The 
law  now  is  that  electors  shall  be  chosen  on  the  first  Tues- 
day after  the  first  Monday  in  November,  and  shall  meet 
and  vote  for  president  and  vice  president  on  the  second 
Monday  in  January  following.  The  method  of  choosing 
the  electors  was  left  by  the  Constitution  to  the 
decision  of  the  state  legislatures ;  consequently  it  would 
be  possible  for  them  to  be  chosen  in  a  great  variety 
of  ways.  As  a  matter  of  fact,  the  method  is  now  uni- 
form. Electors  are  chosen  in  every  state  on  a  common 
ticket  by  direct  popular  vote.  At  one  time  the  dis- 
trict plan  of  election  was  used  in  some  of  the  states, 
but  this  had  long  been  abandoned  when,  in  1891,  it  was 
revived  in  Michigan  by  an  act  of  the  legislature.  The 
law  was  contested  in   the   courts,   but  it   was   declared 


296  ACTUAL  GOVERNMENT  OF  NEW  YORK 

constitutional  by  the  Supreme  Court.  It  was,  however, 
repealed  in  1893. 

Failure  of  the  Electoral  College.  Such,  then,  is  the 
method  of  the  presidential  election  as  provided  by  the  Con- 
stitution and  by  statute.  How  does  it  work  in  practice? 
We  have  seen  that  in  providing  the  method  of  double  elec- 
tion the  framers  of  the  Constitution  were  influenced  by  the 
belief  that  it  would  secure  the  choice  of  men  especially 
fitted  for  the  electorship,  who  would  then,  unfettered  by 
outside  influence,  make  the  choice  that  seemed  to  them 
the  wisest.  Naturally  they  could  not  foresee  the  growth  of 
our  party  system  of  government,  which  was  to  render  their 
carefully  elaborated  scheme  a  failure  and  make  of  the 
electoral  college  a  mere  machine  for  registering  the  choice  of 
the  people ;  for  this  is  what  it  has  become.  Every  elector 
has  an  unquestionable  legal  right  to  vote  for  whom  he 
pleases,  but  he  is  bound  by  a  pledge  of  honor,  by  a  custom 
as  strong  as  any  law,  to  vote  for  the  candidate  of  his  party. 
So  completely  has  the  elector  become  a  mere  party  agent, 
whose  sole  business  it  is  to  ratify  the  choice  already  made, 
that  in  general  nobody  knows  and  nobody  cares  what  his 
personal  qualifications  may  be.1  The  voter,  when  he  casts 
his  ballot,  is  in  reality  voting  directly  for  the  presidential 
candidate  whose  name  is  placed  at  the  top  of  the  ticket. 

A  More  Serious  Defect.  Some  of  the  other  consequences 
of  the  employment  of  this  particular  method  of  election 
under  the  system  of  party  government  are  more  serious. 
The  present  system  of  choosing  the  electors  by  general 
ticket  over  the  whole  state  makes  the  election  virtually  an 
election  by  states.     The  state  "  goes  Republican  "  or  it 

1  Divided  state  delegations  are,  to  be  sure,  by  no  means  unknown.  Oc- 
casionally this  is  due  to  the  rejection  of  a  candidate  on  personal  grounds; 
more  frequently  to  other  reasons.    See  Woodburn,  p.  127,  note. 


PRESIDENT   AND    VICE    PRESIDENT         297 

"  goes  Democratic  "  ;  that  is,  it  elects,.with  rare  exceptions, 
its  full  complement  of  electors  from  a  single  party,  and  casts 
the  whole  number  of  its  electoral  votes  for  the  candidate 
of  that  party.  Now  it  may  happen  that  in  one  state  the 
plurality  of  the  winning  party  is  very  large  and  more  than 
overcomes  the  small  adverse  pluralities  in  a  dozen  states, 
while  the  electoral  vote  of  the  dozen  states  is  greater  than 
that  in  the  one  state  giving  a  larger  plurality.  For  example, 
in  the  presidential  election  of  1900,  Idaho,  with  three  elec- 
toral votes,  gave  Mr.  Bryan  a  plurality  of  2448  votes ; 
Kentucky,  with  thirteen  votes,  gave  him  a  plurality  of 
7975  ;  Nevada,  with  three  electoral  votes,  gave  him  2516 
—  a  total  plurality  in  the  three  states  named  of  12,939; 
Michigan,  with  fourteen  electoral  votes,  gave  Mr.  McKinley 
a  plurality  of  104,584.  Thus  Mr.  McKinley,  with  91,645 
more  votes  than  his  opponent  received,  would  have  been 
defeated  in  the  electoral  college  by  a  vote  of  19  to  14  if  the 
decision  had  been  left  to  the  four  states  above  named. 
Thus  it  will  be  seen  that  the  electoral  college  may  be  the 
means  of  defeating  the  clearly  expressed  wishes  of  the 
people.  This  actually  happened  in  1888,  when  Mr.  Cleve- 
land received  a  plurality  over  Mr.  Harrison  of  95,534. 
This  verdict  of  the  individual  voters  was  reversed  by  the 
electoral  college,  which  gave  Mr.  Harrison  233  electoral 
votes  as  against  168  for  Mr.  Cleveland.  Moreover,  under 
the  present  plan  the  struggle  is  concentrated  in  a  few 
doubtful  states.  To  win  or  lose  them  means  to  win  or  lose 
the  election,  and  this  naturally  increases  the  temptation 
to  political  corruption  in  those  states. 

Presidential  Primaries.  In  some  states  presidential 
primaries  are  held.  At  these  primaries,  voters  are  per- 
mitted to  express  by  ballot  their  preference  for  president 
and  vice  president.     In  this  way  the  wishes  of  the  people 


298  ACTUAL  GOVERNMENT  OF  NEW  YORK 

are  determined.  While  these  results  are  merely  suggestive, 
it  is  more  than  likely  that  delegates  to  national  conventions 
will  be  chosen  in  harmony  with  the  wishes  of  the  voters  as 
expressed  in  such  primaries.  The  present  tendency  is 
toward  direct  nomination  by  the  individual  voter  of  candi- 
dates for  the  presidency.  Direct  nomination  and  direct 
election  of  the  president  by  the  individual  voter  without 
reference  to  state  lines  and  the  abolition  of  the  electoral 
college  are  present-day  tendencies. 

Presidential  Succession.  The  president  is  removable 
only  on  impeachment.  Only  one  president,  Andrew  John- 
son, has  been  impeached,  and  he  was  acquitted.  A  vacancy 
in  the  presidential  office  may,  however,  occur  in  a  variety 
of  other  ways  —  by  the  death  or  resignation  of  the  incum- 
bent ;  by  his  inability,  from  whatever  cause,  to  discharge 
the  duties  and  powers  of  the  office ;  by  the  refusal  of  the 
newly  elected  president  to  accept  the  office,  though  this  is 
not  likely  to  occur.  If  a  vacancy  does  occur  in  any  of  these 
ways,  the  vice  president  succeeds  to  the  office.  Further 
than  this  the  Constitution  makes  no  provision  for  the 
presidential  succession,  but  the  deficiency  has  been  supplied 
by  statute.  By  the  presidential  succession  bill  of  1886  it 
is  provided  that  in  case  of  the  inability  of  both  president 
and  vice  president  to  perform  the  duties  of  the  office, 
the  cabinet  officers  shall  succeed  in  the  following  order : 
(1)  Secretary  of  State,  (2)  Secretary  of  the  Treasury, 
(3)  Secretary  of  War,  (4)  Attorney-General,  (5)  Postmaster- 
General,  (6)  Secretary  of  the  Navy,  (7)  Secretary  of  the 
Interior.  A  bill  making  the  Secretary  of  Agriculture 
eighth  and  the  Secretary  of  Commerce  and  Labor 1  ninth  in 
the  order  of  presidential  succession  was  introduced  in  the 
Fifty-eighth  Congress,  but  failed  to  become  a  law. 

1  See  pp.  323-324  for  the  later  division  of  this  department. 


PRESIDENT   AND    VICE    PRESIDENT  299 

The  President's  Powers.  Just  as  we  saw  that  to  the 
national  legislature  are  intrusted  executive  and  judicial  as 
well  as  legislative  functions,  so  also  to  an  even  greater  ex- 
tent the  executive  exercises  legislative  and  judicial  functions. 
His  executive  functions  are  : 

(1)  To  be  commander  in  chief  of  the  army  and  navy  of 
the  United  States,  and  of  the  militia  of  the  several  states 
when  called  into  the  service  of  the  United  States ; 

(2)  To  make  treaties  with  the  concurrence  of  two  thirds 
of  the  Senate ; 

(3)  To  nominate  and,  with  the  consent  of  the  Senate, 
appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  not 
otherwise  provided  for  by  the  Constitution  or  by  statute ; 

(4)  To  receive  ambassadors  and  other  public  ministers ; 

(5)  To  commission  all  officers  of  the  United  States; 

(6)  To  take  care  that  the  laws  are  faithfully  executed. 
His  legislative  powers  are  : 

(1)  To  sign  or  veto  measures  passed  by  Congress; 

(2)  To  inform  Congress  of  the  state  of  the  Union  and 
recommend  measures  for  their  consideration ; 

(3)  To  call  special  sessions  of  Congress ; 

(4)  To  adjourn  Congress  when  the  Houses  cannot  agree 
upon  the  time  of  adjournment. 

His  judicial  function  is  to  grant  reprieves  and  pardons 
and  to  commute  sentences  for  offenses  committed  against 
the  United  States,  except  in  cases  of  impeachment. 

Classification  not  Absolute.  This  classification  must  not 
be  taken  too  absolutely,  for  a  moment's  consideration 
will  show  that  some  of  these  powers  really  fall  into  two 
classes.  In  making  treaties,  for  instance,  the  president  ex- 
ercises not  only  executive  functions  but  legislative  as  well, 
since  treaties  are  a  part  of  the  supreme  law  of  the  land. 


300      ACTUAL   GOVERNMENT  OF  NEW  YORK 

The  appointment  of  judicial  officers  also,  while  it  is  strictly 
an  administrative   act,  has  a  distinctly  judicial  bearing. 

His  Legislative  Powers.  Some  of  these  presidential 
powers  require  further  discussion.  Very  important  are  the 
president's  legislative  powers.  In  the  power  to  call  extraor- 
dinary sessions  of  Congress  and  to  communicate  his  mes- 
sage he  has  a  real  power  to  initiate  legislation.  There  is  no 
legal  bar  to  his  constructing  and  presenting  regular  bills  to 
Congress,  only  the  custom  has  never  happened  to  grow  up.1 
Instead,  the  heads  of  the  administrative  departments  make 
written  reports  and  public  recommendations,  have  private 
conferences  with  the  congressional  committees,  and  use  their 
personal  influence  with  party  leaders  in  the  House  to  secure 
the  necessary  legislation.  While  the  president's  annual 
message  may  exercise  considerable  influence  on  legislation, 
it  does  not  necessarily  do  so,  particularly  if  the  majority  in 
Congress  is  not  of  the  president's  party.  There  have 
been  two  plans  of  presenting  the  president's  message. 
Washington  and  Adams  appeared  in  Congress  in  person 
and  addressed  the  two  houses  assembled  in  joint  session. 
Jefferson  inaugurated  the  custom  of  sending  the  presi- 
dent's message  to  be  read  in  each  house  by  the  secretary  or 
clerk,  and  this  remained  the  custom  for  more  than  a  century. 
President  Wilson  returned  to  the  plan  inaugurated  by 
Washington  and  personally  appeared  before  Congress  in 
joint  session  and  delivered  his  message. 

The  Veto.  The  president,  however,  exercises  his  most 
effective  power  over  legislation  in  a  negative  way  by  means 
of  the  veto.  We  have  referred  before  to  the  president's 
veto  power  (p.  268),  but  we  have  not  studied  fully  the 
method  of  its  working.  When  a  bill  that  has  passed 
Congress  comes  to  the  executive  mansion,  it  is  usually  sent 
1  See  Woodburn,  pp.  144-145. 


PRESIDENT    AND    VICE    PRESIDENT         301 

to  the  head  of  the  department  concerned,  or,  if  there  is  a 
question  of  its  constitutionality,  to  the  Attorney-General. 
The  president  then  takes  it  up  with  the  report  of  the  depart- 
ment, and  either  signs  it  or  vetoes  it  in  the  manner  pre- 
scribed by  the  Constitution.  In  case  Congress  adjourns 
within  ten  days  (Sundays  excepted)  after  sending  a  bill 
to  the  president,  he  may  simply  disregard  it  altogether, 
neither  signing  nor  returning  it.  This  so-called  "  pocket 
veto,"  unlike  the  regular  veto,  is  an  absolute  one  and  may 
be  employed  very  effectively  to  prevent  Congress  from  over- 
whelming the  president  with  a  host  of  bills  at  the  end  of  a 
session.  It  is  just  this  hasty  legislation  crowded  into  the  last 
few  days  of  a  session  that  needs  the  most  careful  scrutiny, 
and  it  is  well  that  the  president  should  be  given  some  such 
power  over  it  as  that  provided  by  the  pocket  veto. 

Restrictions  on  the  Veto.  The  president's  regular  veto  is 
of  course  a  restricted  one.  In  the  first  place,  it  may  be 
overridden  by  a  two-thirds  vote  of  each  house,  that  is,  by 
two-thirds  of  those  present  and  voting.  In  the  second 
place,  the  president  must  approve  or  disapprove  the  bill  as  a 
whole.  He  cannot  veto  one  item  or  proposition  and  assent 
to  the  rest.  It  is  this  necessity  that  gave  rise  to  the  custom 
of  attaching  "  riders  "  to  important  bills.  The  rider  has 
been  defined  as  "an  unrelated  piece  of  legislation  attached 
to  another  legislative  measure  with  the  purpose  of  having  it 
ride  through  on  the  merits  of  the  measure  to  which  it  is  at- 
tached." They  are  usually  attached  to  appropriation  bills, 
and  virtually  say  to  the  president,  "  Sign  this  measure  or  find 
your  own  means  for  running  the  government."  The  practice 
of  attaching  riders  to  important  bills  became  common,  and 
gave  rise  to  serious  abuse.    Public  opinion  has  condemned  it. 

Working  of  the  Veto.  The  veto  power  is  an  extremely 
important  one  and  has  worked  remarkably  well.     It  may 


302      ACTUAL   GOVERNMENT  OF  NEW  YORK 

prevent  inexpedient  and  unwise  legislation,  and  it  must  act 
in  any  case  as  an  appeal  to  the  sober  second  thought  of  Con- 
gress and  the  nation.  It  was  never  intended  to  be  a  positive 
check  upon  legislation,  nor  does  it  in  general  act  as  one,  but 
it  does  check  overhasty  legislation.  It  was  originally  given 
to  the  executive  as  a  means  of  preventing  the  legislative  de- 
partment from  encroaching  on  his  own  powers  or  those  of 
the  judiciary,  but  it  has  come  to  be  used  on  the  much  wider 
ground  of  general  expediency  also,  and  of  this  public  opinion 
approves.  Most  of  the  presidents  have  made  a  very  sparing 
use  of  the  power,  and  where  they  have  employed  it  freely 
their  course  has  in  general  been  approved  both  by  the 
nation  at  large  and  by  Congress  when  it  came  to  reconsider 
its  action. 

Calling  Extra  Sessions.  The  power  of  calling  an  extra 
session  of  Congress  or  of  either  house  is  granted  to  the 
president  in  order  to  enable  him  to  meet  an  unforeseen 
emergency.  The  emergency  might  be  the  immediate 
consideration  of  a  treaty,  the  probability  of  war,  the  neces- 
sity of  preserving  the  credit  of  the  country  or  providing  funds 
to  conduct  the  government.  The  power  of  convening  Con- 
gress in  extra  session  has  been  rarely  exercised.  A  special 
session  of  the  House  alone  has  never  been  called.  Special 
sessions  of  the  Senate  are  more  common.  It  is  customary 
for  the  outgoing  president  to  convene  the  Senate  to  act  upon 
the  nominations  for  cabinet  and  other  officers  which  the 
new  president  will  make  immediately  after  his  inauguration. 

Treaty-making  Power.  Another  very  important  presi- 
dential power  that  is  perhaps  more  legislative  than  executive 
is  the  treaty-making  power.  This  power  can  be  exercised 
only  with  the  concurrence  of  two-thirds  of  the  senators 
present.  There  is  also,  of  course,  the  implied  restriction 
that  the  treaty  shall  be  in  all  respects  constitutional.     The 


PRESIDENT    AND    VICE    PRESIDENT         303 

usual  steps  in  the  negotiation  of  a  treaty  are  as  follows  :  If 
friendly  relations  exist  between  the  two  nations  concerned, 
the  negotiations  are  conducted  at  the  capital  of  the  one  from 
which  the  suggestion  first  came.  If  this  is  in  Washington, 
the  Secretary  of  State  acts  for  the  United  States,  and  the 
minister  of  the  foreign  country  concerned  acts  for  his 
government.  If  the  treaty  is  negotiated  in  some  other 
country,  the  United  States  minister  to  that  country,  or 
some  other  person  or  persons  appointed  by  the  president, 
act  for  this  government.  In  either  case  the  president  directs 
the  general  course  of  the  negotiations.  A  peace  treaty 
closing  a  war  is  generally  negotiated  in  some  neutral  capital 
by  special  commissioners  from  the  two  or  more  nations 
concerned.  After  a  treaty  has  been  framed,  it  is  sent  to 
the  Senate,  where  it  is  discussed  in  executive  session.  The 
Senate  may  approve  it  as  it  stands,  may  reject  it,  or  may 
amend  it.  If  amendments  are  made,  they  must  be  ac- 
cepted by  the  president  and  by  the  other  government 
interested.  When  it  has  been  finally  approved  on  both 
sides,  duplicate  copies  are  made,  signed  by  the  chief  officers 
of  both  governments,  and  then  exchanged.  This  is  called 
the  "  exchange  of  ratifications."  The  president  then 
publishes  the  treaty,  proclaiming  it  at  the  same  time  as  a 
part  of  the  law  of  the  land. 

The  Appointing  Power  conferred  upon  the  president  is 
probably  the  power  that  gives  him  his  greatest  political  in- 
fluence. The  necessity  of  giving  him  large  appointing  powers 
grows  naturally  out  of  the  duty  laid  upon  him  to  "  take 
care  that  the  laws  be  faithfully  executed."  It  will  be  seen, 
however,  that  the  Constitution  gives  Congress  authority  to 
reduce  very  considerably  the  president's  power  over  appoint- 
ments. "  The  Congress  may  by  law  vest  the  appoint- 
ment of  such  inferior  officers  as  they  think  proper  ...  in 


304   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  courts  of  law  or  in  the  heads  of  departments."  Besides 
the  ambassadors  and  other  public  ministers,  consuls,  and 
judges  appointed  by  the  president  with  the  consent  of  the 
Senate,  a  large  number  of  other  officers  whose  positions  have 
been  established  by  law,  among  them  the  heads  of  the  ex- 
ecutive departments,  receive  their  appointments  in  the  same 
way.  The  president  cannot,  of  course,  examine  personally 
into  the  fitness  of  all  his  appointments.  He  must  depend 
largely  upon  the  advice  of  the  heads  of  departments  and 
upon  the  recommendations  of  senators  and  representatives 
of  his  own  party  from  the  states  in  which  the  office  is  lo- 
cated. Partly  in  consequence  of  this  fact  there  has  grown 
up,  in  the  case  of  those  appointments  requiring  the  confirma- 
tion of  the  Senate,  a  custom  that  greatly  limits  the  appoint- 
ing power  of  the  president.  This  is  the  custom  known  as 
"  senatorial  courtesy,"  by  which  the  Senate  almost  in- 
variably refuses  to  confirm  an  appointment  unless  it  meets 
with  the  approval  of  one  or  both  of  the  senators  in  whose 
state  the  office  is  located,  provided  those  senators  are  mem- 
bers of  the  majority  party  in  the  Senate. 

The  Life  of  the  President  is  an  extremely  busy  one.  Mr. 
Harrison  pictures  it  thus :  "It  (the  White  House)  is  an 
office  and  a  home  combined  —  an  evil  combination.  There 
is  no  break  in  the  day  —  no  change  of  atmosphere.  The 
blacksmith,  when  the  allotted  hours  of  work  are  over,  banks 
his  fire,  lays  aside  his  leather  apron,  washes  his  grimy 
hands,  and  goes  home.  .  .  .  There  is  only  a  door  —  one 
that  is  never  locked  —  between  the  president's  office  and 
what  are  not  very  accurately  called  his  private  apartments. 
.  .  .  The  mail  that  comes  daily  to  the  executive  mansion  is 
very  large ;  in  the  early  months  of  an  administration  it  is 
enormous,  as  many  as  eight  hundred  letters  being  sometimes 
received   in    a   day.  .  .  .     Unless   the   president   is   very 


PRESIDENT   AND    VICE    PRESIDENT         305 

early,  he  will  find  some  callers  waiting  for  him  as  he  passes 
through  the  cabinet  room  to  his  office.  .  .  .  His  time  is  so 
broken  into  bits  that  he  is  often  driven  to  late  night  work,  or 
to  set  up  a  desk  in  his  bedroom,  when  preparing  a  message 
or  other  paper  requiring  unbroken  attention.  .  .  .  For  the 
first  year  and  a  half  of  an  administration  the  president 
spends  from  four  to  six  hours  of  each  day  talking  about 
things  he  will  not  have  to  act  upon  for  months,  while  the 
things  that  ought  to  be  done  presently  are  hurtfully  post- 
poned. .  .  .  This  is  only  an  outline  of  a  business  day  and 
its  surroundings,  but  it  will  serve,  perhaps,  to  show  that 
the  life  of  the  president  is  a  very  •  busy  one.  What  con- 
trariety and  monotony  !  One  signature  involves  the  peace 
of  the  nation,  another  its  financial  policy,  another  the  life 
of  a  man,  and  the  next  the  payment  of  ten  dollars  from 
the  National  Treasury."  l 

Great  Statesmen  and  the  Presidency.  It  is  generally 
admitted  that,  taken  as  a  whole,  our  presidents  have  not 
been  the  greatest  statesmen  that  our  country  has  produced. 
For  this  a  variety  of  reasons  have  been  assigned.  Of  those 
who  choose  a  political  career,  only  a  few,  and  those  not 
necessarily  the  greatest,  find  opportunity  to  commend 
themselves  to  their  countrymen  in  such  a  way  as  to  secure 
them  a  nomination  to  the  presidency.  The  methods  of 
Congress  in  large  measure  cut  them  off  from  such  oppor- 
tunities. Further,  really  great  men  are  seldom  highly 
popular  men.  Mr.  Bryce  has  summed  up  the  reasons  for 
the  lack  of  really  great  men  in  the  list  of  the  presidents 
as  follows :  "  Great  men  are  not  chosen  president,  first, 
because  great  men  are  rare  in  politics ;  secondly,  because 
the  method  of  choice  does  not  bring  them  to  the  top ; 

1  Harrison,  "This  Country  of  Ours,"  pp.  169-179.  Since  Mr.  Harrison 
wrote  this  statement,  a  suite  of  offices  has  been  built  for  the  use  of  the  president. 


306     ACTUAL   GOVERNMENT  OF  NEW  YORK 

thirdly,  because  they  are  not,  in  quiet  times,  absolutely 
needed."  l 

Executive  Power  not  Perfect.  Like  every  other  govern- 
mental agency  ever  created,  the  arrangements  by  which 
the  executive  power  of  our  government  is  organized  have 
their  defects.  It  has  been  pointed  out  that  the  supremacy 
of  the  office,  by  far  the  highest  in  the  gift  of  the  nation, 
offers  too  great  a  stimulus  to  ambition  —  that  it  lures  the 
statesman  from  the  strict  path  of  rectitude  and  induces  him 
to  seek  popularity  at  whatever  cost.  Again,  the  frequent 
recurrence  of  the  turmoil  accompanying  a  presidential  elec- 
tion is  looked  upon  by  many  as  undesirable,  particularly  as 
such  agitation  is  often  wholly  unnecessary,  the  issues  being 
not  real  ones  but  issues  manufactured  by  politicians  in 
order  to  keep  or  to  gain  place.  The  discontinuity  of  policy 
resulting  from  our  frequent  change  of  presidents  is  also 
pointed  to  as  a  defect.  Even  when  the  new  president  is  of 
the  same  party  as  his  predecessor,  there  is  likely  to  be  con- 
siderable change ;  and  if  of  the  opposite  party,  there  ensue 
radical  changes  resulting  too  frequently  in  the  replacing  of 
tried  and  experienced  men  by  men  new  to  the  work.  It  is 
also  noted  that  at  the  close  of  each  administration  there  is 
likely  to  occur  a  period  of  inactivity.  The  outgoing  presi- 
dent hesitates  to  embark  on  any  new  line  of  policy,  since  it 
may  be  completely  changed  by  his  successor. 

The  Vice  President.  In  the  Constitution  as  it  was 
originally  adopted  the  qualifications  of  the  vice  president 
were  not  explicitly  stated,  though  the  implication  was 
that  they  must  be  the  same  as  those  of  the  president.  By 
the  twelfth  amendment,  however,  it  was  explicitly  stated 
that  "  no  person  constitutionally  ineligible  to  the  office  of 
president  shall  be  eligible  to  that  of  vice  president  of  the 

1  Bryce,  Vol.  I,  p.  84. 


PRESIDENT    AND    VICE    PRESIDENT         307 

United  States."  The  time  of  electing  the  vice  president 
and  the  length  of  his  term  are  the  same  as  in  the  case  of  the 
president.  His  only  duties  are  to  preside  over  the  meetings 
of  the  Senate  and  to  succeed  the  president.  In  the  Senate 
he  is  a  mere  moderator.  He  has  no  power  of  appointing 
committees  and  no  vote  except  a  casting  vote.  The  office 
has  been  generally  regarded  as  of  little  importance,  of  so 
little  importance  indeed  that  capable  men  have  avoided,  if 
possible,  a  nomination  to  it.  The  result  is  that  as  a  rule 
obscure  and  inferior  men  have  been  elected  to  the  office. 
The  danger  is  not  inconsiderable  that  such  men  may  be 
called  upon  to  fill  the  presidential  chair  and  discharge  the 
duties  of  an  office  for  which  they  were  never  intended. 
Five  presidents  have  died  in  office.  It  has  been  suggested 
this  defect  in  our  system  be  remedied  by  giving  the  vice 
president  more  power,  either  by  giving  him  a  seat  in  the 
cabinet,  or  by  giving  him  a  vote  in  the  senate,  or  by  both 
these  devices.1  The  salary  of  the  vice  president  is  $12,000 
per  year. 

Library  References.  Macy,  chap,  xxiii,  pp.  139-140;  Macy, 
First  Lessons,  chap,  xviii ;  Dawes,  chaps,  vi-vii ;  Fiske,  pp.  230, 
232-244  ;  Bryce,  Vol.  I,  chaps,  v-viii,  xx-xxi ;  Hinsdale,  chaps,  xxviii- 
xxxii;  Wilson,  §§  1097-1108;  Curtis,  Vol.  I,  chap,  xxix ;  Harrison, 
chaps,  iv-x;  Federalist;  Madison's  Debates  of  the  Federal  Convention ; 
Wilson,  Congressional  Government,  pp.  43-52,  242-256;  Dole,  chaps, 
xiv,  xviii;  Alton,  chaps,  x,  xii,  xvii ;  Lalor,  Article  on  Executive; 
Woodburn,  chap.  iii. 

QUESTIONS    ON   THE    TEXT 

1.  Describe  the  executive  department  of  the  United  States 
government. 

2.  State  the  requirements  for  eligibility  to  the  office  of 
president.     Give  a  full  reason  for  such  requirements. 

1  See  Theodore  Roosevelt,  "  American  Ideals,"  pp.  187-188. 


308  ACTUAL  GOVERNMENT  OF  NEW  YORK 

3.  State  the  particulars  in  which  the  constitutional  quali- 
fications of  the  president  and  a  member  of  the  House  of  Repre- 
sentatives differ.     Account  for  this  difference. 

4.  What  office  in  the  United  States  is  restricted  to  natural- 
born  citizens  ?     Why  this  restriction  ? 

5.  Give  the  length  of  term  and  salary  of  the  president.  Give 
reasons  for  a  six-year  term  with  no  reelection. 

6.  Give  in  substance  the  provision  of  the  Constitution  in 
reference  to  the  compensation  of  the  president. 

7.  Describe  the  three  methods  by  which  the  convention 
proposed  to  elect  the  president.  Describe  the  method  adopted, 
and  state  why  its  original  purpose  has  not  been  accomplished. 

8.  Explain  why  the  manner  provided  in  the  Constitution  for 
choosing  the  president  by  electors  was  preferred  to  other  methods 
that  were  proposed. 

9.  How  is  the  vice  president  chosen  ?  Over  what  body 
does  he  preside? 

10.  What  is  meant  by  the  electoral  college?  What  deter- 
mines the  number  of  electors  to  which  a  state  is  entitled?  To 
how  many  electors  is  this  state  entitled  ? 

11.  State  how  a  member  of  the  electoral  college  is  chosen, 
and  mention  his  chief  duty. 

12.  Give  arguments  for  or  against  choosing  the  president  by 
direct  popular  vote. 

13.  Give  arguments  sustaining  the  present  mode  of  electing 
the  president  and  vice  president. 

14.  Describe  the  manner  of  choosing  a  president  in  case  the 
electoral  college  fails  to  elect.  State  the  limitations  under 
which  this  is  done. 

15.  Describe  the  manner  of  choosing  the  vice  president  in 
case  no  person  has  a  majority  of  all  votes  cast  by  the  electoral 
college. 


PRESIDENT    AND    VICE    PRESIDENT         309 

16.  In  case  of  death  of  both  president  and  vice  president, 
who  then  becomes  president?  State  the  substance  of  the 
present  law  of  the  presidential  succession. 

17.  Does  the  president  personally  appear  before  Congress  and 
deliver  his  message  ? 

18.  Mention  three  leading  powers  of  the  president,  and  give 
two  powers  possessed  by  the  president  subject  to  approval  by 
the  Senate. 

19.  Mention  with  reference  to  the  president  (1)  two  execu- 
tive powers,  (2)  one  legislative  power,  (3)  one  judicial  power. 

20.  What  judicial  power  has  the  president  ? 

21.  What  is  meant  by  "reprieve,"  "pardon,"  "commuta- 
tion "  ?  Explain  why  the  chief  executive  is  given  power  in  these 
matters. 

22.  How  does  the  Constitution  make  the  president  responsible 
for  legislation  ? 

23.  What  is  the  president's  message?     Briefly  describe  it. 

24.  Give  in  substance  the  provision  of  the  Constitution  re- 
garding the  power  of  the  president  to  convene  and  to  adjourn 
Congress. 

25.  What  is  the  veto  power  ?  Explain  the  importance  of  the 
veto  power  in  a  republic. 

26.  "The  issue  is  now  with  Congress.  Prepared  to  execute 
every  obligation  imposed  upon  me  by  the  Constitution  and  the 
law,  I  await  your  action."  Comment  on  the  powers  and  duties 
of  the  president  and  of  Congress,  referred  to  in  this  extract  from 
President  McKinley's  message  on  the  Cuban  question  (1898). 

27.  What  are  treaties,  and  by  whom  may  they  be  made  for 
the  United  States? 

28.  Describe  the  process  of  making  and  ratifying  a  treaty. 

29.  In  whom  is  vested  the  power  to  appoint  ambassadors? 

30.  Give  the  constitutional  qualifications  of  the  vice  presi- 
dent. 


310     ACTUAL   GOVERNMENT  OF  NEW  YORK 

TOPICS   FOR   DISCUSSION 

1.  The  laws  enacted  by  Congress  (1910)  were  regarded  "as  a 
presidential  victory,"  since  President  Taft  had  recommended 
the  more  important  of  these.  Is  it  the  tendency  to  "coerce" 
Congress  or  to  recommend  ?  Is  this  a  tendency  on  the  part  of 
the  governor  ?  If  so,  what  will  be  the  ultimate  effect  upon  our 
form  of  government  ? 

2.  At  different  times  an  appeal  has  been  made  to  senators, 
representatives,  cabinet  officers,  and  even  to  the  president  to 
influence  state  legislatures  to  pass  certain  laws  (for  example, 
the  direct-primary  law  in  New  York  State  in  19 10).  Is  this  an 
encroachment  upon  the  right  of  a  state  to  be  free  in  matters  of 
"home  rule"? 

3.  Should  the  Speaker  of  the  House  of  Representatives  be  also 
a  member  of  Congress,  or  should  he  be  chosen  simply  for  his 
ability  as  a  presiding  officer  and  parliamentarian  and  hold  no 
other  office? 

4.  Resolved :  That  only  natural  born  citizens  of  the  United 
States,  or  naturalized  citizens  who  have  lived  continuously  in 
the  United  States  for  a  period  of  twenty-one  years  or  longer, 
shall  be  eligible  to  hold  any  office  whatsoever  under  the  federal 
government. 

5.  Resolved :  That  all  pupils  in  public  and  private  elementary 
schools  be  taught  the  common  branches  in  the  English  language. 

6.  Resolved :  That  a  League  of  Nations  should  be  established 
for  the  single  purpose  of  maintaining  the  peace  of  the  world. 


CHAPTER  XXIII 

EXECUTIVE    DEPARTMENT:     PRESIDENT'S    ASSISTANTS 

The  Cabinet.  Unlike  the  presidency,  the  cabinet  was 
not  created  by  the  Constitution.  When  the  organization 
of  the  executive  power  was  under  discussion,  it  was  pro- 
posed that  an  executive  council  be  created  to  act  as  a  check 
upon  the  president,  and  there  was  also  some  discussion  as 
to  the  wisdom  of  forming  an  advisory  body  to  assist  him, 
without  giving  it  any  power  to  control  his  action.  Neither 
of  these  plans  received  the  sanction  of  the  Convention,  and 
the  Constitution  makes  no  provision  for  a  body  possessing 
the  character  and  functions  of  the  president's  cabinet.  The 
only  approach  to  such  a  provision  is  found  in  the  clause 
giving  the  president  the  right  to  "  require  the  opinion  in 
writing  of  the  principal  officer  in  each  of  the  executive  de- 
partments upon  any  subject  relating  to  the  duties  of  their 
respective  offices."  There  were,  then,  to  be  executive  de- 
partments whose  chief  officers  were  to  advise  and  otherwise 
assist  the  president ;  but  it  was  evidently  contemplated  by 
the  Convention  that  such  assistance  would  be  required  from 
each  separately,  not  that  they  would  be  formed  into  a  coun- 
cil for  the  purpose  of  consulting  and  advising  upon  matters 
of  general  administrative  policy.  The  executive  depart- 
ments have  been  created  by  acts  of  Congress,  but  the  cabi- 
net, with  its  peculiar  functions,  though  made  up  of  the  heads 
of  these  departments,  is  the  creation  neither  of  constitu- 
tional nor  of  statute  law.     Its  relations  to  the  president  and 

3" 


312   ACTUAL  GOVERNMENT  OF  NEW  YORK 

to  Congress  have  been  determined  by  custom  only.  It  has 
no  legal  position  as  an  advisory  body,  and  the  president  is 
in  no  way  legally  bound  by  its  advice,  though  its  opinion 
may  and  usually  does  have  influence  with  him.  No 
official  record  is  kept  of  cabinet  meetings. 

Relations  of  Cabinet  Officers  to  President.  The  head 
of  an  executive  department  is  more  than  a  mere  adminis- 
trator of  the  business  of  his  department.  The  actual  per- 
formance of  such  duties  can  be  intrusted  to  the  assistant 
secretaries,  the  heads  of  bureaus,  and  minor  officials ;  but 
the  secretary  must  understand  his  department  as  a  whole, 
must  know  its  need,  must  see  that  it  is  administered  in  con- 
formity with  the  policy  of  the  administration.  His  function 
as  member  of  the  cabinet  is  even  more  important  than  his 
function  as  head  of  the  department.  He  is  first  of  all  the 
president's  adviser,  not  only  in  regard  to  the  business  of  his 
own  department,  but  in  matters  of  general  policy  as  well. 
Under  our  present  system  of  party  government,  therefore,  it 
is  important  that  there  should  be  harmony  in  the  cabinet  if 
a  policy  is  to  be  chosen  and  consistently  pursued.  The  sec- 
retary ought  to  be  not  only  of  the  president's  political  party 
but  also  in  close  personal  sympathy  with  him.  It  is  now 
thoroughly  understood  that  if  a  cabinet  member  finds  him- 
self out  of  harmony  with  the  president's  policy,  it  is  his 
duty  to  resign  or  the  president's  privilege  to  remove  him. 
It  is  for  this  reason  that  the  president  is  given  so  free  a  hand 
in  the  choice  of  his  cabinet,  and  partly  for  this  reason  also 
that  he  usually  forms  an  entirely  new  cabinet  upon  his 
accession  to  office,  even  though  he  may  be  of  the  same 
political  party  as  his  predecessor.  All  cabinet  members  are 
appointed  by  the  president,  nominally  with  the  consent  of 
the  Senate  (though  the  Senate  practically  never  refuses  its 
consent),  and  all  receive  the  same  compensation,  $12,000 


PRESIDENT'S    ASSISTANTS  313 

per  annum.  The  president  alone  has  the  power  to  remove 
cabinet  officers. 

Executive  Departments:  Organization.  The  executive 
departments  are  very  thoroughly  organized.  They  are  di- 
vided first  into  bureaus,  each  with  a  commissioner  at  its 
head,  who  is  directly  responsible  to  the  secretary;  the 
bureaus  are  again  divided  into  divisions,  each  with  its  chief 
of  division  responsible  to  the  commissioner  ;  while  subordi- 
nate to  these  chiefs  of  division  and  responsible  to  them  is  the 
great  army  of  clerks  employed  in  the  administrative  work 
of  the  government. 

Executive  Departments:  History.  Those  departments 
whose  heads  form  the  president's  cabinet  have  been 
created  from  time  to  time  by  acts  of  Congress,  as  the  need 
for  them  became  apparent.  When  the  government  was 
organizing  under  the  Constitution  in  1789,  Congress  created 
three  departments  —  the  Department  of  State,  the  Depart- 
ment of  the  Treasury,  and  the  Department  of  War  ;  and  the 
heads  of  these  departments  (called  secretaries),  together 
with  the  Attorney-General,  whose  office  was  created  the 
same  year,  formed  Washington's  cabinet.  The  depart- 
ment over  which  the  Attorney-General  has  control  —  the 
Department  of  Justice  —  was  not  created  until  1870.  In 
1798  there  was  added  the  Navy  Department,  naval  affairs 
having  been  up  to  this  time  attended  to  by  the  War  De- 
partment ;  and  in  1829  the  Postmaster-General,  whose  office 
had  existed  since  colonial  times  and  whose  department  had 
been  conducted  since  its  creation  in  1794  as  a  part  of  the 
Treasury  Department,  was  made  a  cabinet  member.  The 
Department  of  the  Interior  was  added  in  1849.  A  Depart- 
ment of  Agriculture  was  organized  in  1862,  but  its  head  was 
not  made  a  cabinet  officer  until  1889.  Finally,  in  19 13,  the 
Department  of  Labor  was  established.     It  will  be  seen,  then, 


314     ACTUAL   GOVERNMENT  OF  NEW  YORK 

that  the  creation  of  a  new  executive  department  and  the 
calling  of  its  chief  officer  into  the  president's  cabinet  are 
not  always  coincident.  The  departments  have  been  created 
in  the  following  order  :  State,  Treasury,  War  (1789) ;  Post- 
office  (1794);  Navy  (1798);  Interior  (1849);  Agriculture 
(1862);  Justice  (1870);  Commerce  (1903);  Labor  (1913). 
Their  chief  officers  have  become  members  of  the  president's 
cabinet  in  the  following  order :  Secretary  of  State,  Secre- 
tary of  the  Treasury,  Secretary  of  War,  Attorney-General 
(1789) ;  Secretary  of  the  Navy  (1798) ;  Postmaster-General 
(1829) ;  Secretary  of  the  Interior  (1849)  5  Secretary  of 
Agriculture  (1889) ;  Secretary  of  Commerce  (1903) ;  Secre- 
tary of  Labor  (19 13). 

State  Department.  The  chief  cabinet  officer  is  the 
Secretary  of  State,  commonly  called  the  head  of  the  cabinet. 
At  cabinet  meetings  he  occupies  the  seat  of  dignity  at  the 
right  of  the  president.  His  chief  duty  is  the  conduct  of 
foreign  affairs  ;  and  since  the  president,  because  of  the  pres- 
sure of  other  business,  is  compelled  to  give  him  a  very  free 
hand,  he  practically  controls  the  foreign  policy  of  the  nation, 
subject  only  to  the  restraints  imposed  by  the  Senate.  Thus 
he  is  brought  much  more  prominently  into  public  notice 
than  are  the  other  cabinet  officers.  It  is  his  business,  ex- 
cept in  cases  where  special  officers  have  been  appointed  for 
the  purpose,  to  conduct  all  negotiations  with  foreign  coun- 
tries. He  receives  the  representatives  of  foreign  powers  and 
presents  them  to  the  president,  conducts  all  official  corre- 
spondence with  them,  carries  on  all  necessary  correspond- 
ence with  United  States  ministers  and  consuls  to  foreign 
countries,  and  issues  passports  to  citizens  of  the  United 
States  who  wish  to  travel  abroad.  All  these  duties  are 
concerned  with  foreign  affairs,  but  he  has  also  some  domestic 
duties  to  perform.     It  is  through  him  that  the  president 


PRESIDENT'S    ASSISTANTS  315 

communicates  with  the  executives  of  the  states,  and  to 
him  is  given  the  custody  and  publication  of  the  laws  and 
treaties  of  the  United  States  and  the  custody  of  the 
great  seal  (the  official  seal  of  the  United  States).  He 
is  given  three  assistant  secretaries,  and  his  department 
is  divided  into  seven  bureaus :  the  Diplomatic  Bureau, 
the  Consular  Bureau,  the  Bureaus  of  Indexes  and  Archives, 
of  Accounts,  of  Rolls  and  Library,  of  Appointments,  and 
of  Passports. 

Treasury  Department :  Financial  Duties.  The  second 
of  the  great  executive  departments  is  that  of  the  Treas- 
ury. It  concerns  itself  principally,  as  its  name  implies, 
with  the  finances  of  the  nation,  but  not  exclusively,  for  it 
performs  also  a  great  variety  of  miscellaneous  duties.  The 
principal  financial  duties  of  the  Secretary  of  the  Treasury  are 
to  estimate  the  probable  revenues  and  the  probable  expen- 
ditures of  the  government,  and  to  prepare  plans  for  the 
creation  and  improvement  of  the  public  revenue.  These 
estimates  and  plans  he  submits  to  Congress  in  his  annual 
report,  in  order  to  furnish  that  body  with  some  sort  of 
guide  in  the  making  of  appropriations  and  the  imposition 
of  taxes.  It  is  his  duty  also  to  superintend  the  collection 
of  revenue,  to  issue  warrants  for  the  payment  of  all  money 
from  the  United  States  Treasury,  and  to  superintend  the 
coinage  and  printing  of  money. 

Internal- Revenue  Bureau.  We  have  already  seen  that 
the  sources  of  the  national  revenue  are  customs,  or  import 
duties,  the  income  tax,  and  excises,  or  internal  taxes  of 
various  kinds.  Until  the  outbreak  of  the  Civil  War  the 
United  States  had  no  permanent  system  of  internal  taxa- 
tion. Then,  in  1862,  an  Internal-Revenue  Bureau  was 
organized  under  the  Treasury  Department,  and  a 
Commissioner  of  Internal  Revenue  was  appointed. 


316   ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Treasurer.  All  money  belonging  to  the'  United 
States  is  in  charge  of  the  Treasurer  of  the  United  States.  It 
is  his  duty  to  receive  all  revenue  and  to  pay  it  out  on  the 
warrants  issued  by  the  Secretary  of  the  Treasury  or  by  a  des- 
ignated assistant,  to  redeem  the  notes  of  the  national  banks, 
and  to  manage  the  independent  treasury  system.  This  sys- 
tem was  established  by  Congress  at  the  suggestion  of  Presi- 
dent Van  Buren  in  1840,  for  the  purpose  of  making  the 
United  States  the  custodian  of  its  own  money  instead  of  de- 
positing it  with  private  corporations ;  but  the  law  establish- 
ing it  was  repealed  the  next  year,  and  not  reenacted  until 
1846,  during  President  Polk's  administration.  Besides 
the  main  Treasury  at  Washington,  sub  treasuries  have 
been  established  at  Boston,  New  York,  Philadelphia, 
Baltimore,  Cincinnati,  Chicago,  St.  Louis,  New  Orleans, 
and  San  Francisco. 

War  Department :  Military  Duties.  The  War  Depart- 
ment, as  its  name  implies,  has  control  of  the  military  affairs 
of  the  nation ;  but  it  acts  also  as  a  department  of  public 
works  and  has  contributed  not  a  little  toward  the  advance- 
ment of  science  by  conducting  the  exploring  expeditions  sent 
out  from  time  to  time  by  the  government.  With  the  ex- 
ception of  the  Secretary  of  War  and  the  Assistant  Secretary 
the  principal  officers  are  officers  of  the  United  States  army. 
Of  those  whose  duties  are  strictly  or  mainly  military  the 
most  important  are  the  Adjutant-General,  whose  duty  it  is 
to  issue  orders  for  the  muster  and  the  movement  of  troops, 
to  conduct  the  correspondence  of  the  department,  and  to 
keep  the  records ;  the  Inspector-General,  who  inspects  all 
military  posts,  all  public  works  carried  on  by  army  officers, 
all  military  prisons,  and  the  military  academy,  and  reports 
as  to  equipment,  discipline,  sanitary  conditions,  finances, 
etc. ;    the  Quartermaster-General,  who  has  charge  of  the 


PRESIDENT'S    ASSISTANTS  317 

clothing  and  general  army  supplies ;  the  Commissary- 
General,  who  attends  to  the  food  supply ;  the  Surgeon- 
General,  who  superintends  the  medical  service ;  the  Chief 
of  Ordnance,  who  attends  to  the  supply  of  arms ;  the 
Judge- Advocate-General,  who  reviews  and  records  the  pro- 
ceedings of  all  courts-martial  and  courts  of  inquiry,  and 
acts  as  legal  adviser  to  the  department ;  and  the  Chief 
Signal  Officer,  who  superintends  all  military  signaling 
by  means  of  flags,  heliograph,  or  other  devices,  and  who 
has  charge  of  the  construction  and  operation  of  military 
telegraph  lines.  The  supervision  of  the  military  academy  at 
West  Point  is  also  a  part  of  the  work  of  the  department. 

Public  Works.  It  is  through  the  Chief  of  Engineers  and 
his  corps  that  the  War  Department  performs  in  large  meas- 
ure the  functions  of  a  department  of  public  works.  Under 
their  direction,  fortifications  are  located  and  constructed, 
bridges  and  docks  are  designed  and  built,  and  great  sums 
of  money  are  expended  annually  in  improving  rivers  and 
harbors.  The  building  of  the  Panama  Canal  was  in  charge 
of  this  department. 

Department  of  Justice.  Though  the  Department  of 
Justice  was  not  created  until  1870,  the  office  of  Attorney- 
General,  as  the  chief  officer  of  the  department  is  called,  has 
existed  since  1789.  He  is  the  legal  adviser  of  the  president 
and  of  the  heads  of  departments,  has  the  general  supervi- 
sion of  the  work  of  the  United  States  district  attorneys  and 
marshals,  conducts  all  suits  to  which  the  United  States 
is  a  party,  is  in  general  "  public  prosecutor  and  standing 
counsel  "  for  the  United  States.  The  law  officers  of  the 
various  departments  are  under  his  direction  and  control. 
The  work  of  the  department  is  very  large  and  the  office 
of  Attorney-General  one  of  the  most  important  and 
responsible  under  the  government. 


318  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Post-Office  Department  (see  also  p.  247).  The  Post- 
master-General is  the  head  of  the  department.  The  work  is 
divided  among  four  bureaus,  each  in  charge  of  an  assistant 
postmaster-general.  These  assistants  have  the  general 
management  of  the  post  offices,  of  transporting  the  mails, 
of  providing  for  stamps,  of  managing  the  finances,  of  ap- 
pointing certain  classes  of  postmasters,  and  of  directing  the 
inspectors.  They  provide  for  the  free  delivery  and  collec- 
tion of  the  mail,  for  a  money-order  and  registry  system, 
for  rural  free  delivery  over  routes  aggregating  1,021,492 
miles  (in  191 2),  for  a  railway  mail  service,  for  the  establish- 
ment of  star  routes  (mail  routes  other  than  railways  and 
steamship  lines),  for  a  parcel  post  for  packages  weighing 
not  over  fifty  pounds,  and  for  a  postal  savings  bank  where 
deposits  of  $1  or  multiples  of  $1  up  to  $1000  may  be  made 
on  the  certificate  plan,  the  government  guaranteeing  the 
payment  of  both  principal  and  interest.  The  rate  of 
interest  is  two  per  cent.  The  Postmaster-General  has  the 
power  of  appointing  all  the  officers  of  the  department  ex- 
cept the  assistant  postmasters-general  and  the  postmasters 
whose  salaries  are  $1000  or  more.  He  may  also,  with  the 
consent  of  the  president,  let  contracts  for  the  transportation 
of  mail  and  make  postal  treaties  with  foreign  countries. 

Navy  Department.  Until  the  establishment  of  the  De- 
partment of  the  Navy  in  1798,  naval  matters  were  looked 
after  by  the  War  Department.  The  Navy  Department  has 
general  superintendence  of  the  construction,  manning,  equip- 
ment, and  employment  of  war  vessels.  These  duties  it  per- 
forms by  means  of  seven  bureaus,  whose  heads  are  naval 
officers.  These  are  the  bureaus  of  Yards  and  Docks,  Equip- 
ment and  Recruiting,  Ordnance,  Construction  and  Repair, 
Steam  Engineering,  Supplies  and  Accounts,  and  Medicine 
and  Surgery.     Their  duties  are  indicated  by  their  names. 


PRESIDENT'S    ASSISTANTS  319 

The  supervision  of  the  naval  academy  at  Annapolis  and 
of  the  naval  observatory  at  Washington  is  also  a  part  of 
the  work  of  the  department. 

Department  of  the  Interior.  This  department,  which 
is  under  the  direction  of  the  Secretary  of  the  Interior,  per- 
forms, like  the  Treasury  Department,  a  great  variety  of  im- 
portant functions.  There  are  two  assistant  secretaries  in 
the  department,  besides  six  commissioners  and  two  directors. 
The  titles  of  these  commissioners  and  directors  give  some 
idea  of  the  scope  and  character  of  the  work  of  the  depart- 
ment. They  are  the  Commissioner  of  the  General  Land 
Office,  the  Commissioner  of  Education,  the  Commissioner 
of  Pensions,  the  Commissioner  of  Indian  Affairs,  the  Com- 
missioner of  Railroads,  the  Commissioner  of  Patents,  and 
the  Director  of  the  Geological  Survey. 

The  Land  Office.  The  most  important  bureau  of  the 
department  is  the  general  Land  Office,  which  has  charge  of 
all  the  public  lands  of  the  United  States,  and  whose  duty  it 
is  to  direct  the  survey  and  sales  of  this  property  and  to  issue 
titles  to  it.  At  different  periods  during  its  history  the  United 
States  has  in  various  ways  come  into  possession  of  vast 
tracts  of  territory.  The  first  of  these  public  lands,  it  will  be 
remembered,  was  known  as  the  Northwest  Territory,  its 
cession  to  the  United  States  by  the  states  claiming  it  being 
completed  in  1786.  Later  North  Carolina,  South  Carolina, 
and  Georgia  ceded  their  claims  to  western  lands,  and 
since  then  the  government  has  obtained  enormous  tracts 
by  purchase,  by  conquest,  or  by  both,  and  by  annexa- 
tion. Among  these  additions  may  be  mentioned  the  Lou- 
isiana purchase  from  France  (1803),  the  purchase  of  Florida 
from  Spain  (182 1),  the  purchase  of  Alaska  from  Russia 
(1867),  the  acquisition  of  extensive  territory  from  Mexico 
(1848)  as  the  result  of  the  war  with  Mexico,  the  annexation 


320     ACTUAL   GOVERNMENT  OF  NEW  YORK 

of  Hawaii  (1898),  the  acquisition  of  islands  as  a  result 
of  the  war  with  Spain  (1898-9),  and  the  Canal  Zone 
(1903)  and  the  Virgin  Islands  (1917). 

System  of  Surveys.  Under  the  direction  of  the  Land 
Office  large  portions  of  this  vast  domain  have  been  disposed 
of  in  various  ways.  Before  any  disposal  could  be  made  of 
them,  however,  it  was  necessary  that  they  should  be  sur- 
veyed. Accordingly  a  system  of  surveys,  known  as  the 
rectangular  system,  was  very  early  adopted.  A  base  and 
a  meridian  line  crossing  each  other  at  right  angles  were  first 
laid  off,  and  from  these  the  land  was  divided  into  rectangular 
townships,  each  six  miles  square.  Each  township  was  di- 
vided into  sections  of  640  acres  each,  and  each  section  into 
quarter  sections.  Each  section  was  numbered,  and  sec- 
tion 16,  and  later  sections  16  and  36,  were  set  apart  for 
the  support  of  the  common  schools. 

Land  Grants.  Besides  these  grants  in  aid  of  educa- 
tion other  large  grants  of  public  lands  have  been  made  to 
the  states  for  educational  purposes.  The  states  have  also 
received  from  the  general  government  large  grants  of  swamp 
and  saline  lands  and  large  grants  of  other  land  for  purposes 
of  internal  improvement.  Between  1828  and  1846  the  gen- 
eral government  granted  to  the  states  for  the  improvement 
of  rivers  and  the  building  of  canals,  wagon  roads,  railroads, 
etc.  a  total  of  162,230,900  acres.  Besides  these  state 
grants  the  United  States  has  also  given  land  bounties  to 
honorably  discharged  soldiers  and  sailors  in  return  for 
military  and  naval  service,  the  grant  partaking  somewhat 
of  the  character  of  a  pension,  and  has  granted  large  tracts 
to  railroad  companies,  in  order  to  promote  the  construction 
of  railroads  and  thus  develop  the  country.  Many  millions 
of  acres  have  also  been  given  to  settlers  upon  compliance 
with  certain  laws  requiring  them  to  settle  upon  and  improve 


PRESIDENT'S    ASSISTANTS  321 

the  land.  Thus  great  numbers  of  settlers  from  the  eastern 
states  and  from  Europe  have  found  homes  in  the  West. 

Bureau  of  Education.  The  Commissioner  of  Education 
through  his  bureau  collects  statistics  as  to  the  condition  and 
progress  of  education  in  the  various  states  and  in  foreign 
countries,  for  the  purpose  of  aiding  in  the  establishment  and 
maintenance  of  efficient  school  systems.  Except  in  Alaska 
the  commissioner  has  only  advisory  power  in  the  actual 
operation  of  the  school  systems.  There  he  directs  their 
management. 

Pension  Bureau.  The  Pension  Bureau  examines  and 
adjusts  all  claims  for  pensions  or  bounty  lands  given  in  re- 
turn for  military  or  naval  service  rendered  in  time  of 
war.  In  1914  there  was  paid  out  in  pensions  the  sum  of 
$173,444,231,  a  sum  nearly  $35,000,000  larger  than  in  1900. 
Thus  the  expenses  of  wars  long  since  ended  accumulate 
to  hinder  the  progress  of  civilization.  The  question  as 
to  the  advisability  of  granting  pensions  so  liberally  as 
has  been  done  by  our  government  has  been  much  dis- 
cussed. Mr.  Harrison  says  of  it :  "  There  are  two  views 
of  the  pension  question  —  one  from  the  Little  Round  Top 
at  Gettysburg,  looking  out  over  a  field  sown  thickly  with 
the  dead,  and  around  upon  bloody,  blackened,  and  maimed 
men  cheering  the  shot-torn  banner  of  their  country;  the 
other  from  an  office  desk  on  a  busy  street,  or  from  an 
endowed  chair  in  a  university,  looking  upon  a  statistical 
table."  * 

Bureau  of  Indian  Affairs.  One  very  interesting  branch 
of  the  work  of  the  Interior  Department  is  that  conducted 
by  the  Bureau  of  Indian  Affairs.  Up  to  187 1  the  Indian 
tribes  were  treated  by  the  government  as  independent 
nations,  but  a  law  passed  that  year  made  them  the  "  wards 
1  Harrison,  p.  285. 


322   ACTUAL  GOVERNMENT  OF  NEW  YORK 

of  the  nation."  Their  interests  are  now  protected  under 
the  Bureau  of  Indian  Affairs  by  a  Board  of  Indian  Commis- 
sioners, whose  duty  it  is  to  oversee  the  expenditure  of  money 
and  inspect  the  goods  purchased  for  them ;  by  a  number  of 
inspectors,  who  visit  the  agencies  to  examine  into  their 
condition ;  and  by  agents,  who  with  the  aid  of  teachers, 
mechanics,  and  farmers,  try  to  promote  civilization  among 
them.  The  Indian  schools  at  Hampton  and  Carlisle  are 
also  under  the  supervision  of  the  bureau. 

Commission  of  Railroads.  It  is  the  business  of  the 
Commissioner  of  Railroads  to  receive  the  reports  and  to 
examine  the  books  and  accounts  of  the  railroads  that  have 
been  aided  through  land  grants  or  otherwise  by  the  govern- 
ment, and  to  see  that  the  laws  relating  to  the  management 
of  those  roads  are  enforced. 

Patent  Bureau  and  Geological  Survey.  The  work  of 
the  Patent  Bureau  and  the  process  by  which  patents  are 
secured  have  been  considered  elsewhere  (p.  248).  In  addi- 
tion to  the  work  of  the  bureaus  outlined  above,  the  Depart- 
ment of  the  Interior  also  conducts  the  work  of  the  Geological 
Survey  under  the  immediate  control  of  an  officer  called  a 
director.  The  work  of  the  Geological  Survey  is  to  examine 
the  geological  structure  and  to  determine  the  mineral  re- 
sources and  mineral  products  of  the  United  States.  The 
survey  of  the  forest  reserves  is  also  conducted  by  this  bureau. 

Department  of  Agriculture.  The  Department  of  Agricul- 
ture is  directly  concerned  with  the  improvement  of  farm  life 
and  conditions.  To  this  end  it  supervises  numerous  ex- 
periment stations,  assists  state  agricultural  colleges,  intro- 
duces new  crops  and  improved  breeds  of  animals,  studies 
plant  and  animal  diseases,  distributes  free  of  charge  informa- 
tion which  tends  to  improve  agricultural  conditions,  and 
in  many  other  ways  renders  an  efficient  public  service.     In 


PRESIDENT'S    ASSISTANTS  32$ 

Alaska,  Guam,  Hawaii,  and  Porto  Rico  it  has  established 
experiment  stations  under  its  own  immediate  direction. 
The  Department  of  Agriculture  consists  of  numerous  bureaus 
and  divisions,  the  chief  of  which  and  a  few  of  their  more 
important  duties  are  here  given. 

Weather  Bureau.  Through  the  Weather  Bureau  the 
country  is  advised  of  forecasts  and  warnings  of  storms  (a 
service  of  great  importance  to  shipping  and  commerce),  of 
frosts,  cold  waves,  of  floods,  temperature  and  rainfall,  and 
is  furnished  information  of  great  value  to  navigation,  com- 
merce, and  agriculture. 

Bureau  of  Animal  Industry.  This  bureau  concerns  itself 
with  matters  pertaining  to  live  stock.  It  investigates, 
controls,  and  eradicates  disease  among  animals ;  it  inspects 
and  quarantines  live  stock  to  check  disease  ;  it  inspects 
meat  and  meat  food  products  and  gives  valuable  aid  to 
animal  husbandry  and  dairying. 

Bureau  of  Plant  Industry.  The  thirty-one  divisions  of  this 
bureau  concern  themselves  with  plant  life  in  all  its  relations 
to  agriculture.  A  scientific  study  of  edible  and  poisonous 
plants,  plant  diseases  and  their  eradication,  diseases  of 
trees  and  of  garden  vegetables  is  made,  and  many  similar 
sendees  rendered. 

In  addition  the  department  includes  the  bureaus  of 
Chemistry,  of  Soils,  of  Entomology,  of  Biological  Survey, 
of  Forest  Service,  and  of  Crop  Estimates.  The  offices 
of  Public  Roads,  of  States  Relations  Service,  of  Extension 
Work,  of  Home  Economics,  and  of  Markets  constitute 
parts  of  the  Department  of  Agriculture. 

Department  of  Commerce.  The  Department  of  Com- 
merce and  Labor  was  established  by  Congress  in  1903,  and 
the  head  of  the  department  made  a  cabinet  officer.  In  191 3 
Congress  divided  this  department  and  created  the  Depart- 


324  ACTUAL  GOVERNMENT  OF  NEW  YORK 

ment  of  Commerce  and  the  Department  of  Labor.  The 
Department  of  Commerce  consists  of  the  Bureau  of  the 
Census,  the  Coast  and  Geodetic  Survey,  the  Bureau  of 
Fisheries,  the  Bureau  of  Foreign  and  Domestic  Commerce, 
the  Bureau  of  Lighthouses  and  Lighthouse  Service,  the 
Bureau  of  Navigation,  the  Bureau  of  Standards,  and  the 
Steamboat  Inspection  Service. 

The  service  to  the  country  devolving  upon  the  Secretary 
of  Commerce  through  these  bureaus  may  be  briefly  summed 
up  as  follows  :  The  administration  of  the  lighthouse  service, 
the  establishment  and  maintenance  of  aids  to  navigation, 
taking  the  census,  making  the  coast  and  geodetic  survey, 
the  collection  and  publication  of  statistics  on  foreign  and 
domestic  commerce,  the  investigation  of  markets  for  Ameri- 
can products,  the  inspection  of  steamboats  and  the  enforce- 
ment of  laws  pertaining  thereto  for  the  protection  of  life  and 
property,  the  propagation  of  food  fishes  and  the  supervision 
of  the  Alaskan  fur-seal  and  salmon  fisheries,  jurisdiction 
over  merchant  vessels,  including  their  registry,  measure- 
ment, licensing,  entry,  clearance,  etc.,  and  the  enforcement 
of  the  act  requiring  wireless  equipment  on  vessels,  the 
standardization  of  weights  and  measures,  the  formation  of 
regulations  in  conjunction  with  the  Secretary  of  the  Treas- 
ury and  the  Secretary  of  Agriculture  for  the  enforcement 
of  the  Pure  Food  and  Drugs  Act  and  the  Insecticide  Act, 
and  to  make  such  special  investigations  and  furnish  such 
information  in  the  foregoing  bureaus  as  Congress  or  the 
president  may  require. 

Department  of  Labor.  The  Department  of  Labor  was 
created  by  Congress  in  1 913,  and  the  head  of  the  department 
made  a  cabinet  officer.  This  department  is  charged  with  the 
responsibility  of  fostering,  promoting,  and  developing  the 
welfare  of  the  wage  earners  of  the  United  States,  improving 


PRESIDENT'S    ASSISTANTS  325 

their  working  conditions,  and  advancing  their  opportunities 
for  profitable  employment.  The  department  consists  of 
the  Bureau  of  Immigration,  the  Bureau  of  Naturalization 
and  Labor  Statistics,  and  the  Children's  Bureau. 

The  Bureau  of  Immigration  prepares  and  revises  all  regu- 
lations pertaining  to  immigration,  decides  questions  as  to 
the  right  of  aliens  to  enter  this  country,  investigates  sup- 
posed violations  of  the  alien-contract-labor  laws,  and  super- 
vises the  work  done  by  the  inspectors  of  immigrants. 

The  Bureau  of  Naturalization  has  full  charge  of  the  ad- 
ministration of  the  laws  regarding  the  naturalization  of 
foreigners,  that  is,  of  the  laws  which  make  it  possible  for  a 
citizen  of  a  foreign  country  to  become  a  citizen  of  this. 

The  Bureau  oj  Labor  Statistics  collects  full  and  complete 
statistics  each  year  concerning  the  conditions  of  labor  and 
the  products,  and  distribution  of  the  products,  of  labor, 
and  these  become  the  basis  of  the  action  of  the  secretary. 

The  Children's  Bureau  investigates  and  reports  to  the 
department  all  matters  pertaining  to  the  welfare  of  children 
and  child  life  among  all  classes  of  our  people,  especially 
such  questions  as  infant  mortality,  the  birth  rate,  orphan- 
age, juvenile  courts,  desertion,  dangerous  occupations, 
accidents  and  diseases  of  children,  employment,  and  legisla- 
tion affecting  children  in  the  several  states  and  territories. 

The  department  has  established  a  chain  of  employment 
ofhces  throughout  the  country  and  renders  valuable  aid  to 
the  unemployed. 

Federal  Trade  Commission.  In  1914  Congress  es- 
tablished the  Federal  Trade  Commission  consisting  of  five 
members,  each  commissioner  to  receive  a  salary  of  $10,000 
per  year.  In  order  to  prevent  unfair  competition  in  busi- 
ness, the  commission  has  power  to  investigate  the  organi- 
zation, conduct,  and  management  of  the  business  of  any 


326   ACTUAL  GOVERNMENT  OF  NEW  YORK 

corporation,  joint-stock  company,  or  corporate  combination 
engaged  in  commerce  among  the  several  states  and  with 
foreign  nations,  except  banks  and  common  carriers,  and  to 
gather  such  information  and  data  as  will  enable  the  presi- 
dent of  the  United  States  to  make  recommendations  to 
Congress  for  legislation  for  the  regulation  of  such  commerce, 
and  to  report  to  the  president  from  time  to  time  such  data 
as  he  shall  require ;  and  the  information  so  obtained,  or  as 
much  thereof  as  they  may  deem  expedient,  shall  be  made 
public.  The  commission  has  power  to  order  that  unfair 
competition  shall  cease  in  any  given  case  after  a  hearing 
has  been  granted.  The  order  of  the  commission  has  all  the 
force  of  a  court  order  until  set  aside.  Orders  of  the  com- 
mission may  be  set  aside  by  the  United  States  Circuit 
Court  of  Appeals. 

Independent  Boards  and  Commissions.  In  addition  to 
the  regular  executive  departments  there  have  been  created 
at  different  times  commissions  and  boards  executive  in  char- 
acter though  not  connected  with  any  of  the  departments. 
Among  these  are  the  Civil  Service  Commission  and  the  In- 
terstate Commerce  Commission.  Special  officers  or  boards 
exist  also  for  the  purpose  of  conducting  the  work  of  the 
Government  Printing  Office,  of  the  Library  of  Congress,  of 
the  Smithsonian  Institution,  of  the  National  Museum,  and 
of  the  Bureau  of  Ethnology.  The  work  of  the  Interstate 
Commerce  Commission  has  been  already  described  (p.  237). 
The  Civil  Service  Commission  consists  of  three  commis- 
sioners, only  two  of  whom  may  be  of  the  same  political 
party,  appointed  by  the  president  with  the  advice  and  con- 
sent of  the  Senate.  There  are  also  a  chief  examiner  and  a 
secretary.  It  is  the  duty  of  the  commission  to  provide  for 
competitive  examinations  to  test  the  fitness  of  candidates 
for  the  civil  service,  and  to  regulate  and  improve  that  service. 


PRESIDENT'S    ASSISTANTS  327 

Library  References.  Macy,  chaps,  xxiv-xxv,  xxvii-xxxi ;  Macy, 
First  Lessons,  chap,  xix;  Dawes,  chaps,  viii-ix;  Bryce,  Vol.  I.  chap. 
ix;  Fiske,  pp.  244-250;  Harrison,  chaps,  xi-xix;  Wilson,  §§  1109- 
11 20;  Hinsdale,  chap,  xxxiii;  Curtis,  Vol.  I,  pp.  574-576;  Congres- 
sional Directory;  Wilson,  Congressional  Government,  pp.  257-275, 
277-293;  Dole,  chap,  xiv;  Lalor,  Article  on  State  Department, 
Treasury  Department,  etc.;  .Woodburn,  pp.  189-193. 

QUESTIONS  ON  THE  TEXT 

1.  Was  the  cabinet  contemplated  by  the  Constitutional  Con- 
vention or  provided  for  in  the  Constitution  ?     Discuss  fully. 

2.  Name  with  their  titles  the  persons  composing  the  presi- 
dent's cabinet.     How  are  the  members  of  the  cabinet  chosen? 

3.  (a)  Describe  the  parcel-post  system,  (b)  How  does  it 
affect  the  express  business? 

4.  Through  what  department  does  the  United  States  con- 
duct its  business  with  other  nations? 

5.  Describe  the  duties  of  the  Adjutant-General ;  Inspector- 
General  ;  Quartermaster-General. 

6.  How  many  classes  of  mail  are  there?  What  are  the 
postal  rates  for  each?     In  which  class  do  letters  belong? 

7.  What  are  the  principal  duties  of  the  Department  of  the 
Interior?  Mention  the  two  ways  of  looking  at  the  pension 
question  as  given  by  ex-President  Harrison. 

8.  What  is  meant  by  "preemption  of  public  lands  " ?  by 
"  a  homestead  claim  "  ?    by  "  a  timber  claim  "  ? 

9.  What  direct  aid  has  the  United  States  government  given 
to  education  in  the  different  states  ? 

10.  Mention  two  duties  of  the  Commissioner  of  Education. 

11.  Upon  what  grounds  has  the  federal  government  a  right 
to  interfere  with  a  private  business  ? 

12.  What  department  of  the  cabinet  has  charge  of  taking  the 
national  census  ?     How  often  and  in  what  years  is  it  taken  ? 

13.  What  is  the  civil  service  ?    What  is  the  spoils  system  ? 


CHAPTER  XXIV 

JUDICIAL   DEPARTMENT:     FEDERAL    COURTS 

Necessity  of  Federal  Judiciary.  "  Laws  are  a  dead 
letter  without  courts  to  expound  and  define  their  true  mean- 
ing and  operation."  Under  the  Confederation  there  existed 
no  separate  federal  judiciary,  and  the  judicial  powers 
vested  in  'Congress  were  very  limited  indeed.  It  had 
become  clear  that  somewhere  in  the  nation  there  must 
exist  an  authority  empowered  to  interpret  the  laws  and 
treaties  of  the  United  States  and  to  determine  whether  or 
not  acts  passed  by  Congress  harmonized  with  the  funda- 
mental law  of  the  land  as  embodied  in  the  Constitution  — 
in  other  words,  to  pass  upon  their  constitutionality.  It  had 
become  equally  clear  that  such  interpretation  could  not 
safely  be  intrusted  to  the  state  courts.  In  the  first  place, 
such  an  arrangement  would  be  sure  to  result  in  a  complete 
lack  of  uniformity.  The  same  point  might  and  probably 
would  be  decided  in  ways  as  various  as  the  courts  before 
which  it  was  brought.  In  the  second  place,  the  state  courts 
were  unfitted  for  the  work,  both  because  of  the  nature  of 
many  of  the  matters  in  dispute  and  because  of  the  charac- 
ter of  the  parties  to  federal  suits.  Matters  of  a  quasi- 
international  character,  such  as  admiralty  jurisdiction,  are 
obviously  not  matters  to  be  properly  adjudicated  by  the 
courts  of  any  particular  state ;  nor  could  state  courts  be 
completely  trusted,  because  of  local  prejudices,  to  do  full 
justice  between  citizens  of  their  own  states  and  citizens  of 

328 


The  Supreme  Court  Chamber  (above)  and  the  White 
House  (below) 

President  Washington  selected  the  site  of  the  White  House  and  laid  the  corner 
stone,  October  13,   1792.     He  lived  to  see  it  completed.     It  was  partially  de- 
stroyed by  the  British  in  1814.     After  it  was  restored,  the  stone  walls  were 
painted  white  to  obliterate  the  marks  of  the  fire;  whence  the  name 

329 


330  ACTUAL  GOVERNMENT  OF  NEW  YORK 

another,  or  between  their  own  states  and  the  federal  govern- 
ment. Moreover,  state  courts,  being  authorities  coordinate 
with  and  independent  of  one  another,  supplied  no  means 
for  settling  disputes  between  states.  And  since  the  Con- 
stitution and  the  federal  laws  made  under  it  were  to  be 
applicable  not  to  the  states  only  but  to  the  individual  citizen 
as  well,  it  was  more  than  ever  necessary  that  a  federal 
judiciary  be  created  to  interpret  and  apply  these  laws. 

The  Federal  Courts.  The  Supreme  Court  was  created  by 
the  Constitution,  and  Congress  was  empowered  to  provide 
such  inferior  courts  as  might  be  necessary.  Changes  have 
been  made  in  the  system  of  inferior  courts  from  time  to 
time.  At  present  the  federal  courts  consist  of  a  Supreme 
Court,  created  by  the  Constitution,  and  circuit  courts  of 
appeal,  district  courts,  a  Court  of  Claims,  and  a  Court  of 
Customs  Appeal.  For  the  District  of  Columbia  Congress 
has  provided  a  co*urt  of  appeals,  a  supreme  court,  minor 
justice  courts,  a  police  court,  and  a  juvenile  court.  Federal 
judges  are  appointed  by  the  president  with  the  advice  and 
consent  of  the  Senate. 

The  Judges.  If  the  judicial  department  of  the  govern- 
ment was  to  be  made  separate  from  and  coordinate  with 
the  other  two  departments,  it  was  necessary  that  the 
judges  should  be  made  as  independent  of  them  as  possible. 
Moreover,  the  makers  of  the  Constitution  were  particularly 
anxious  to  secure  the  independence  of  the  judiciary,  regard- 
ing this  as  the  surest  means  of  safeguarding  the  liberties 
of  the  people  from  the  encroachments  of.  the  legislature  and 
the  executive.  Accordingly,  the  Constitution  provides  that 
"  the  judges,  both  of  the  supreme  and  inferior  courts,  shall 
hold  their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which  shall 
not  be  diminished  during  their  continuance  in  office  "  ;  that 


JUDICIAL  DEPARTMENT:    FEDERAL   COURTS    331 

is,  their  tenure  of  office  is  life,  and  they  are  subject  to  re- 
moval only  by  impeachment,  and  that  is  a  process  rarely 
resorted  to.  Six  times  only  since  the  adoption  of  the 
Constitution  has  it  been  employed  against  federal  judges, 
and  only  three  of  these  trials  resulted  in  conviction.  It 
is  further  provided  by  the  Constitution  that  judges  of  the 
Supreme  Court  shall  be  appointed  by  the  president  with 
the  advice  and  consent  of  the  Senate ;  and  though  no  dis- 
tinct provision  is  made  for  the  appointment  of  the  inferior 
federal  judges,  the  president  appoints  them  under  the  pro- 
vision of  the  Constitution  which  says  that  the  president 
shall  appoint  all  officers  not  otherwise  provided  for  by  the 
Constitution  or  by  Congress. 

Jurisdiction:  One  Class  of  Cases.  The  Constitution 
also  defines  very  clearly  the  classes  of  cases  over  which 
the  federal  courts  may  exercise  jurisdiction.  Over  some  of 
these  cases  jurisdiction  has  been  given  to  the  federal  courts 
because  of  the  nature  of  the  questions  involved ;  over 
others,  because  of  the  nature  of  the  parties  to  the  suit.  To 
the  first  class  belong  (1)  all  cases  arising  under  the  Constitu- 
tion, laws,  or  treaties  of  the  United  States ;  (2)  all  cases  of 
admiralty  or  maritime  jurisdiction ;  and  (3)  controversies 
between  citizens  of  the  same  state  claiming  lands  under 
grants  of  different  states.  Over  cases  arising  under  the 
Constitution,  laws,  or  treaties  of  the  United  States  the  juris- 
diction of  the  federal  courts  is  not  exclusive ;  that  is,  such 
cases  may  be  begun  in  the  state  courts,  but  if  the  decision 
of  the  state  courts  is  adverse  to  federal  authority,  these 
cases  can  be  finally  adjudicated  only  by  the  federal  courts. 
The  reason  for  the  rule  is  clear.  The  federal  authority 
must  be  the  final  judge  of  the  extent  of  federal  powers. 
To  give  the  state  courts  power  to  render  final  judgment 
in  such  cases  would  be  to  make  them,  and  not  the  United 


332   ACTUAL  GOVERNMENT  OF  NEW  YORK 

States,  the  ultimate  authority.  Over  cases  belonging  to 
classes  (2)  and  (3)  above,  the  federal  courts  exercise  exclu- 
sive jurisdiction.  Maritime  and  admiralty  cases,  since  they 
affect  either  commerce  or  international  relations  (both  of 
which  are  regulated  by  the  United  States  and  not  by  the 
states),  and  since  decisions  in  such  cases  should  be  uniform, 
can  be  properly  dealt  with  only  by  the  United  States  courts. 
Another  Class  of  Cases.  The  cases  in  which  jurisdiction 
is  given  to  the  federal  courts  because  of  the  nature  of  the 
parties  to  the  suit  are  the  following : 

(1)  Cases  affecting  ambassadors,  other  public  ministers, 
and  consuls ; 

(2)  Controversies  to  which  the  United  States  is  a  party ; 

(3)  Controversies  between  two  or  more  states ; 

(4)  Controversies  between  a  state  and  citizens  of  another 
state ; 

(5)  Controversies  between  citizens  of  different  states ; 

(6)  Controversies  between  a  state  or  its  citizens  and  for- 
eign states,  citizens,  or  subjects. 

In  all  these  cases  the  jurisdiction  of  the  federal  courts  is 
exclusive.  As  regards  the  first  of  these  classes  it  may  be 
said  that  since  ambassadors,  ministers,  and  consuls  are  per- 
sons having  an  international  character,  it  would  hardly  be 
fitting  that  cases  affecting  them  should  be  dealt  with  by 
state  courts.  Similarly,  it  is  not  in  keeping  with  the  sov- 
ereign character  of  the  United  States  that  it  should  be  com- 
pelled to  sue  or  to  be  sued  in  a  state  court.  In  all  the  rest 
of  these  cases  it  was  felt  that  a  state  court  would  be  likely 
to  be  prejudiced. 

Eleventh  Amendment.  Two  of  these  classes  of  contro- 
versies, (4)  and  (6),  have  been  so  far  withdrawn  from 
federal  jurisdiction  by  the  passing  of  the  Eleventh  Amend- 
ment as  to  prevent  a  citizen  or  citizens  of  another  state  or 


JUDICIAL  DEPARTMENT:    FEDERAL   COURTS    333 

foreign  state  from  suing  a  state  in  the  federal  court. 
These  provisions  were  doubtless  never  intended  to  give  to  a 
private  individual  the  right  to  sue  a  state,  but  rather  to 
give  to  the  state  an  opportunity  to  appear  as  plaintiff  in  a 
federal  court  against  citizens  of  other  states.  The  clause 
was,  however,  soon  interpreted  (in  the  case  of  Chisholm 
vs.  Georgia,  by  a  decision  of  the  Supreme  Court  in  1793) 
as  applying  to  cases  in  which  a  state  is  defendant  also. 
The  decision  was  received  with  disfavor  and  alarm  by  the 
states.  It  was  thought  that  it  violated  the  sense  of  dignity 
of  a  state  to  be  dragged  into  court  as  defendant  at  the  in- 
stance of  a  private  individual.  Accordingly,  the  Eleventh 
Amendment  was  proposed  by  Congress  and  duly  ratified 
by  the  states.  It  provides  that  "  the  judicial  power  of  the 
United  States  shall  not  be  construed  to  extend  to  any  suit 
in  law  or  equity  commenced  or  prosecuted  against  one 
of  the  United  States  by  citizens  of  another  state  or  by 
citizens  or  subjects  of  any  foreign  state."  Under  this 
amendment  some  of  the  states  have  found  it  possible 
to  repudiate  their  debts  with  impunity. 

Transfer  of  Cases.  Any  case  that  has  been  begun  in  a 
state  court  may  be  transferred  to  a  federal  court,  provided 
the  defendant  can  rest  his  case  on  a  federal  law.  The  Judi- 
ciary Act  of  1789  lays  down  the  rules  for  thus  removing  a 
case  from  one  court  to  the  other.  It  may  be  done  (1)  if  the 
state  court,  in  judging  the  case,  has  decided  against  the 
validity  of  a  treaty  or  a  law  of  the  United  States  or  some 
authority  exercised  under  the  United  States ;  or  (2)  if  the 
state  court  has  decided  in  favor  of  the  validity  of  a  state  law 
or  exercise  of  authority  as  against  the  Constitution,  laws,  or 
treaties  of  the  United  States ;  or  (3)  if  the  state  court  has 
decided  against  a  privilege,  right,  title,  or  immunity  claimed 
under  the  United  States  constitution,  laws,  or  treaties.     The 


334  ACTUAL  GOVERNMENT  OF  NEW  YORK 

reason  for  the  rule  is  sufficiently  clear ;  no  state  construc- 
tion of  a  federal  law  can  be  admitted  to  be  final  if  that 
construction  in  any  way  abridges  federal  authority. 

Treason.  Besides  giving  to  Congress  power  to  establish 
federal  courts  inferior  to  the  Supreme  Court,  the  Constitu- 
tion gives  into  its  hands  also  the  power  to  declare  the  punish- 
ment for  treason.  It  defines  treason  as  follows  :  "  Treason 
against  the  United  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort."  While  granting  this  power, 
however,  the  Constitution  takes  care  to  safeguard  the  in- 
terests of  the  individual  by  imposing  some  limitations.  It 
is  provided  that  "  no  person  shall  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court";  and,  further,  that 
"  no  attainder  of  treason  shall  work  corruption  of  blood  or 
forfeiture,  except  during  the  life  of  the  person  attainted." 
Corruption  of  blood  was  a  punishment  sometimes  formerly 
inflicted  as  a  penalty  for  treason  or  felony.  By  it  the  person 
attainted  was  disabled  from  inheriting  any  property,  from 
retaining  any  which  he  might  possess,  and  from  transmit- 
ting any  to  his  posterity.  In  accordance  with  the  power 
granted  it,  Congress  intrusts  the  trial  for  treason  to  a  tri- 
bunal appointed  by  itself,  and  has  decreed  death  as  a  punish- 
ment, or,  at  the  discretion  of  the  court,  "  imprisonment  at 
hard  labor  for  not  less  than  five  years,  and  a  fine  of  not 
less  than  ten  thousand  dollars." 

The  Supreme  Court.  As  noted  on  page  330,  the  Supreme 
Court  was  directly  created  by  the  Constitution,  and  com- 
pensation for  the  judges  provided ;  but  no  limitations 
were  imposed  as  to  the  number  of  judges  or  the  amount  of 
salary  to  be  paid  to  each.  These  details  were  left  to  be 
determined  by  Congress.     The  number  of  judges  fixed  by 


JUDICIAL   DEPARTMENT:    FEDERAL   COURTS    335 

the  Judiciary  Act  of  1789  was  six.  This  number  has  since 
been  increased  to  nine,  one  Chief  Justice  and  eight  associate 
justices.  The  Chief  Justice  receives  an  annual  salary  of 
$15,000,  while  the  associates  receive  $14,500  each. 

The  Supreme  Court:  its  Jurisdiction.  The  Constitution 
declares  in  what  classes  of  cases  the  Supreme  Court  has 
authority  to  administer  justice.  It  has  original  jurisdiction 
(the  right  to  entertain  an  action  from  the  beginning)  in  all 
cases  affecting  ambassadors,  other  public  ministers,  and  con- 
suls, and  in  cases  to  which  a  state  is  a  party.  In  other  cases 
it  has  appellate  jurisdiction  ;  that  is,  cases  may  be  brought 
before  it  from  the  inferior  federal  courts  or  from  state  courts 
under  certain  conditions  before  described  (p.  333). 

The  Supreme  Court:  its  Sessions.  The  sessions  of  the 
Supreme  Court  are  held  annually  in  Washington,  begin- 
ning on  the  second  Monday  in  October.  Except  on  Satur- 
day and  Sunday,  sessions  are  held  daily  from  twelve  to 
four.  The  court  room,  formerly  the  Senate  Chamber,  is 
a  semicircular  hall  with  a  low,  domed  ceiling.  Around 
the  room  runs  a  screen  of  Ionic  columns,  forming  a  loggia 
and  supporting  a.gallery.  In  front  is  the  bench  of  the  court, 
the  chair  of  the  Chief  Justice  in  the  center,  those  of  the 
eight  associates  on  the  sides.  The  justices  appear  in  black 
gowns.  The  presence  of  at  least  six  judges  is  required  in 
order  that  a  decision  may  be  pronounced  —  a  rule  that 
doubtless  delays  the  work  of  the  court  to  some  extent,  but 
secures  a  thorough  consideration  of  every  case.  The  court 
goes  over  each  case  twice.  First  the  opinion  of  the  major- 
ity is  ascertained.  This  is  then  written  out  by  one  of  the 
judges  and  is  reviewed  and  criticized  by  the  court  before  it  is 
adopted  as  the  judgment  of  the  court. 

Circuit  Court  of  Appeals.  Immediately  below  the  Supreme 
Court  is  the  Circuit  Court  of  Appeals,  established  in  1891  to 


336   ACTUAL  GOVERNMENT  OF  NEW  YORK 

relieve  the  Supreme  Court  of  some  of  its  work,  which  had 
become  extremely  heavy.  The  United  States  is  divided 
into  nine  circuits,  in  each  of  which  court  must  be  held  at 
least  once  each  year.  The  law  of  1891  did  not  provide  for 
separate  judges  for  the  Circuit  Court  of  Appeals,  but  the 
Judiciary  Act  of  191 1  provided  for  their  appointment  by  the 
president  of  the  Senate.  Each  of  the  justices  of  the  Supreme 
Court  is  assigned  to  one  of  the  circuit  courts  of  appeals. 
The  Circuit  Court  of  Appeals  may  review  the  cases  tried  in 
the  district  courts,  and  its  decision  is  final  in  a  large  num- 
ber of  cases,  such  as  those  arising  under  revenue,  patent,  and 
criminal  laws,  controversies  between  aliens  and  citizens, 
suits  between  citizens  of  different  states,  etc.  Questions 
involving  the  constitutionality  of  federal  laws  and  treaties 
or  an  act  of  any  state  or  of  the  Constitution  of  the  United 
States  may  be  carried  to  the  Supreme  Court.  Since  it  is 
relatively  easy  to  raise  a  question  of  constitutionality,  this 
court  has  not  rendered  the  relief  to  the  Supreme  Court 
which  Congress  intended. 

District  Courts.  Immediately  below  the  Circuit  Court  of 
Appeals  are  the  numerous  district  courts,  of  which  there  are 
about  one  hundred.  The  whole  United  States,  including 
Alaska  and  our  island  possessions,  is  divided  up  into  these 
districts.  Each  court  consists  of  from  one  to  four  judges, 
according  to  the  amount  of  business  to  be  done.  District- 
court  judges  are  appointed  by  the  president  and  Senate. 
The  jurisdiction  of  these  courts  extends  to  all  crimes 
and  other  offenses  coming  under  the  authority  of  the 
United  States,  including  cases  resulting  from  a  violation 
of  the  postal,  bankruptcy,  internal-revenue,  and  copy- 
right laws,  cases  arising  under  the  pure-food  laws, 
contract-labor  laws,  laws  relating  to  immigration,  and  all 
suits  arising  under  any  law  relating  to  trade  and  commerce, 


JUDICIAL  DEPARTMENT:    FEDERAL   COURTS    337 

the  Sherman  anti-trust  law  against  the  restraint  of  trade, 
and  some  others.  The  thoroughness  with  which  federal 
laws  are  enforced  very  largely  depends  upon  the  activity  of 
the  Attorney-General.  However,  he  may  be  restrained  and 
the  laws  suspended  by  the  pressure  of  the  president,  as  in 
the  case  of  the  absorption  of  the  Tennessee  Coal  and  Iron 
Company  in  1909  by  the  United  States  Steel  Corporation, 
which  was  permitted  by  President  Roosevelt.  District- 
court  judges  receive  a  salary  of  $6000  annually. 

The  Court  of  Claims.  This  court,  established  in  1855, 
consists  of  a  chief  justice  whose  annual  salary  is  $6500, 
and  four  associate  justices,  each  with  a  salary  of  $6000. 
It  holds  an  annual  session  in  Washington  for  the  purpose 
of  dealing  with  the  claims  of  individuals  against  the 
federal  government.  Cases  may  be  appealed  from  it  to 
the  Supreme  Court. 

Customs  Appeals.  In  addition  to  these  inferior  federal 
courts,  Congress  has  under  its  control  also  the  Court  of 
Customs  Appeals,  consisting  of  one  chief  justice  and  four 
associate  justices  appointed  by  the  president  and  Senate. 
Each  such  judge  receives  a  salary  of  $7000  annually.  To 
this  court  must  be  taken  all  cases  of  appeal  from  the 
decision  of  the  board  of  general  appraisers  relative  to  the 
classification  of  imports  and  the  duty  thereon. 

Marshals  and  District  Attorneys.  In  order  that  the 
federal  courts  may  execute  the  powers  intrusted  to  them, 
there  is  usually  appointed  in  each  district  an  officer  called 
the  United  States  marshal,  whose  duty  it  is  to  execute  the 
warrants  or  other  orders  of  the  district  and  circuit  courts 
and  to  perform  duties  corresponding  in  general  to  those  of 
sheriff  in  the  state  governments.  In  case  the  marshal  meets 
with  resistance  in  the  performance  of  his  duty,  he  is  entitled 
to  call  upon  the  citizens  for  assistance.     If  they  cannot  or 


338      ACTUAL   GOVERNMENT  OF  NEW  YORK 

will  not  help  him,  or  if  their  help  is  insufficient,  he  may  apply 
to  the  government  at  Washington  for  the  assistance  of 
United  States  troops.  Besides  this  federal  sheriff  there  is 
usually  appointed  in  each  district  a  federal  prosecutor 
called  the  United  States  district  attorney.  It  is  his  duty  to 
institute  proceedings  against  all  persons  transgressing  the 
federal  laws.  Both  the  United  States  marshals  and  the 
district  attorneys  are  under  the  direction  of  the  Attorney- 
General  as  head  of  the  Department  of  Justice. 

The  Procedure  of  the  Federal  Courts  is  prescribed  by 
Congress,  subject  only  to  certain  limitations  imposed  by  the 
Constitution  for  the  purpose  of  safeguarding  the  rights  of 
the  individual,  such  as  the  provision  securing  the  right  of 
trial  by  jury  in  criminal  cases. 

Defects  of  the  Judicial  System.  The  judicial  depart- 
ment of  our  federal  government  has  elicited  more  applause 
from  critics,  both  at  home  and  abroad,  than  has  any  other 
department.  Yet  it  is  not  without  its  defects.  It  has  been 
pointed  out  that  in  the  inferior  courts  the  salaries  are  in  gen- 
eral inadequate,  and  that  in  the  more  populous  places  the 
staff  is  insufficient  to  cope  with  the  business  intrusted  to  it. 
Even  the  Supreme  Court,  much  as  it  has  been  praised,  has 
not  wholly  escaped  criticism.  It  has  been  said  of  it  that  to 
a  certain  extent  it  feels  the  touch  of  public  opinion  (a 
tendency  that  is  perhaps  inevitable  and  not  wholly  to  be 
deplored),  and  that  it  has  not  always  followed  former  deci- 
sions (a  course  that  tends  to  unsettle  the  law) .  Its  weakest 
point,  however,  lies  in  the  fact  that  Congress  possesses 
the  power  to  change  the  number  of  judges  constituting 
the  court  —  a  power  which  enables  it,  if  it  can  secure  the 
cooperation  of  the  president,  to  "  pack  "  the  court.  Thus, 
if  Congress  and  the  president  are  determined  to  secure  a 
certain  decision,  Congress  needs  only  to  increase  sufficiently 


JUDICIAL  DEPARTMENT:    FEDERAL   COURTS    339 

the  number  of  judges,  and  the  president  to  appoint  men 
who  will  give  the  desired  opinion,  in  order  to  accomplish 
their  ends ;  but  while  this  course  is  possible,  it  has  never 
yet  been  resorted  to. 

Excellences.  On  the  whole,  however,  the  excellences 
of  our  judicial  system  have  far  outweighed  its  defects.  It 
has  proved  extremely  stable,  and,  through  the  independ- 
ence and  superior  character  of  the  judges  in  even  the  inferior 
federal  courts,  it  has  done  much  to  counteract  the  evils 
arising  from  the  existence  of  an  elective  and  ill-paid  state 
judiciary.  The  Supreme  Court  has  been  most  highly 
praised,  and  certainly  its  most  grudging  critic  must  admit 
that  it  has,  on  the  whole,  kept  well  out  of  politics,  that  its 
judges  have  been  men  of  excellent  legal  ability  and  of  the 
highest  moral  character,  that  it  has  escaped  all  suspicion 
of  corruption  and  has  maintained  to  a  remarkable  degree 
its  judicial  impartiality  and  its  credit  and  dignity  in  the 
eyes  of  the  people. 

Library  References.  Macy,  chaps,  xix,  xxi-xxii ;  Macy,  First 
Lessons,  chap,  xx ;  Dawes,  chap,  x ;  Hinsdale,  chaps,  xxxiv-xxxvi, 
xxxviii-xxxix ;  Wilson,  §§  1082-1096;  Fiske,  pp.  260-262;  Curtis, 
Vol.  I,  chaps,  xxviii,  xxx ;  Bryce,  Vol.  I,  chaps,  xxii-xxiv ;  Harrison, 
chaps,  xx-xxi ;  Wilson,  Congressional  Government,  pp.  34-35,  37-40; 
Alton,  chap,  xviii ;  Lalor,  Article  on  Judiciary  Treason;  Woodburn, 
chap.  vi. 

QUESTIONS  ON  THE  TEXT 

1.  Give  an  outline  of  the  system  of  the  United  States  courts. 
How  are  their  members  chosen? 

2.  Explain  why  judges  enjoy  longer  terms  of  office  under  the 
Constitution  than  officers  in  the  executive  and  legislative  depart- 
ments of  government. 

3.  How  may  judges  of  the  Supreme  Court  be  removed? 


340     ACTUAL   GOVERNMENT  OF  NEW  YORK 

4.  Mention  five  classes  of  cases  in  which  the  United  States 
courts  have  jurisdiction.     Define  "  jurisdiction  " 

5.  Define  "  treason."    How  is  treason  punished  ?    How  may 
a  person  be  convicted  of  treason? 

6.  Describe  the  organization  and  state  the  principal  func- 
tion of  the  highest  court  of  the  United  States. 

7.  What  court  decides  whether  a  United  States  law  is  con- 
stitutional ? 

8.  Mention  two  classes  of  cases  in  which  the  Supreme  Court 
has  jurisdiction. 

9.  What  is  meant  by  "  original  jurisdiction  "  ? 

10.  In  what  cases  has  the  Supreme  Court  original  jurisdiction  ? 

11.  In  whom  is  vested  the  power  to  try  cases  against  foreign 
ambassadors  ? 

12.  State,  in  regard  to  the  judges  of  the  Supreme  Court, 
(i)  number,  (2)  length  of  term,  (3)  salaries. 

13.  Who  is  the  present  Chief  Justice  of  the  Supreme  Court  ? 
How  long  does  he  hold  office? 

14.  Tell  what  you  can  of  the  United  States  Court  of  Claims. 

15.  Give  arguments  tending  to  establish  or  to  controvert  the 
following :   "The  Constitution  follows  the  flag." 

16.  Give  two  defects  and  two  points  in  favor  of  the  system  of 
federal  courts. 


CHAPTER  XXV 

THE   STATES   IN   THEIR   RELATIONS   TO   THE 
CONSTITUTION 

Admission  of  New  States.  Even  before  the  adoption  of 
the  Constitution,  the  admission  of  new  states  into  the  Union 
was  contemplated  by  the  general  government.  The  ordi- 
nance of  1787  had  provided  for  the  formation  of  states  out 
of  the  Northwest  Territory,  and  for  their  admission  to  the 
Union  on  terms  of  equality  with  the  original  thirteen ;  and 
the  new  Constitution  contained  a  provision  similar  in  char- 
acter but  wider  in  scope.  It  provided  that  "  new  states 
may  be  admitted  by  the  Congress  into  this  Union,  but  no 
new  state  shall  be  formed  or  erected  within  the  jurisdic- 
tion of  any  other  state,  nor  any  state  be  formed  by  the 
junction  of  two  or  more  states,  or  parts  of  states,  without 
the  consent  of  the  legislatures  of  the  states  concerned  as 
well  as  of  the  Congress."  When  the  Constitution  was 
framed,  it  was  the  expectation  of  the  framers  that  all  the 
territory  then  belonging  to  the  United  States  would  ulti- 
mately be  formed  into  states ;  and  the  policy  thus  entered 
upon  was  subsequently  extended  to  the  Louisiana  purchase 
and  other  early  additions  to  the  territory  of  the  United 
States.  Since  the  Alaska  purchase,  however,  and  the 
more  recent  addition  of  our  insular  possessions,  serious 
questions  have  arisen  in  regard  to  the  policy  to  be  pursued. 
The  power  to  admit  or  to  refuse  to  admit  a  territory  to 
statehood  lies  with  Congress.     No  community  can  demand 

341 


342      ACTUAL   GOVERNMENT  OF  NEW   YORK 

admission  as  a  constitutional  right.  Neither  does  admis- 
sion depend  upon  population,  though  in  general  it  is  readily 
granted  when  the  territory  possesses  a  population  as  large 
as  that  of  a  congressional  district.  Sometimes,  however, 
for  political  reasons,  admission  is  granted  to  a  territory 
with  a  much  smaller  population,  as  was  done  in  the  case 
of  Nevada,  which  was  admitted  with  a  population  of  only 
20,000,  mainly  for  the  purpose  of  securing  its  vote  for  the 
Thirteenth  Amendment. 

Methods  of  Admission.  Admission  to  statehood  is  se- 
cured by  one  of  the  two  following  methods:  (1)  Upon 
application  of  the  territory,  Congress  passes  an  "  enabling 
act "  authorizing  the  people  to  form  themselves  into  a 
state.  The  governor  then  calls  a  convention  of  delegates 
to  draw  up  a  constitution,  which  must  contain  no  provi- 
sions repugnant  to  the  Constitution  of  the  United  States  or 
to  the  Declaration  of  Independence,  and  which  must  pro- 
vide for  the  new  state  a  republican  form  of  government. 
Sometimes,  also,  the  enabling  act  has  required  the  new 
state  to  give  over  to  the  United  States  all  title  to  unap- 
propriated public  lands  within  the  territory,  to  guarantee 
religious  liberty,  and  to  provide  a  system  of  public  schools 
free  from  sectarian  control.  When  this  constitution  has 
been  ratified  by  the  people  of  the  territory,  the  act  of 
Congress  becomes  operative  and  the  territory  becomes  a 
state  and  may  elect  its  representatives  in  the  usual  way. 
(2)  Sometimes,  however,  the  territory,  before  applying 
for  admission,  has  already  elected  a  constitutional  con- 
vention and  framed  a  constitution.  This  it  submits  to 
Congress  for  approval,  at  the  same  time  applying  for  ad- 
mission. If  Congress  approves  the  constitution  thus  made, 
it  passes  an  act  accepting  and  ratifying  it,  and  the  terri- 
tory becomes  a  state. 


The  State  Capitol  at  Albany,  N.  Y.  (above),  and  the  State 
Capitol  at  Frankeort,  Ky.   (below) 

Similar  buildings  in  all  states  are  devoted  to  the  work  of  the  governor  and  other 
state  officials,  and  of  the  legislature.     In  some  states  the  great  state  depart- 
ments of  public  works,  health,  charities,  education,  correction,  safety,  banking, 
insurance,  finance,  and  the  like  are  centered  in  the  Capitol  building 

343 


344   ACTUAL  GOVERNMENT  OF  NEW  YORK 

Guaranties    to   the    States:     Republican    Government. 

In  order  to  safeguard  the  interests  of  the  states,  the  Con- 
stitution provides  certain  guaranties.  First  of  all,  it  is 
provided  that  the  United  States  "  shall  guarantee  to  every 
state  in  this  Union  a  republican  form  of  government." 
Since  the  general  government  was  to  be  a  federal  republic, 
it  was  a  practical  necessity  that  that  of  the  states  should 
be  of  the  republican  type. 

Protection  against  Invasion.  In  addition  to  this  guar- 
anty to  the  states  it  is  further  provided  that  the  United 
States  "  shall  protect  each  of  them  against  invasion  and, 
on  application  of  the  legislature  or  of  the  executive  (when 
the  legislature  cannot  be  convened),  against  domestic 
violence."  The  necessity  of  protecting  the  states  from 
invasion  was  imposed  upon  the  general  government  by 
another  clause  of  the  Constitution,  denying  to  the  states 
the  right  to  maintain  troops  or  ships  of  war  in  time  of 
peace.  In  case  of  invasion  no  formal  application  from 
the  state  for  the  promised  protection  is  necessary.  The 
president  is  authorized  by  law  to  use  the  army  and  navy 
of  the  United  States  in  such  cases,  or  to  call  out  the  militia, 
without  such  application. 

Against  Domestic  Violence.  While  the  last  clause  of  the 
above  provision  guarantees  to  the  states  the  protection  of 
the  general  government  against  domestic  violence  also, 
such  protection  is  furnished  only  upon  application  of  the 
legislature  or  of  the  executive  of  the  disturbed  state.  The 
presumption  is  that  every  state  is  capable  of  enforcing  its 
own  laws  and  that  the  state  is  the  best  judge  of  its 
own  ability  or  inability  to  do  so.  By  the  requirement 
that  aid  be  furnished  only  on  the  demand  of  the  state,  the 
general  government  is  deprived  of  all  opportunity  to 
meddle  with  state  affairs  under  pretext  of  protecting  the 


THE  STATES  AND  THE  CONSTITUTION        345 

state.  It  has  been  decided  by  the  Supreme  Court,  how- 
ever, in  a  case  growing  out  of  the  Chicago  riots  in  connec- 
tion with  the  great  railway  strike  of  1894,  that  in  case  such 
disturbances  interfere  with  the  execution  of  federal  laws, 
the  president  may  send  troops  to  suppress  them  without 
application  from  the  state. 

Obligations  upon  the  States:  Public  Records.  While 
the  Constitution  thus  guarantees  to  the  states  certain  priv- 
ileges, it  also  imposes  upon  them  certain  duties  toward 
each  other.  It  requires  that  "  full  faith  and  credit  shall 
be  given  in  each  state  to  the  public  acts,  records,  and 
judicial  proceedings  of  every  other  state,  "  and  further 
provides  that  "  Congress  may  by  general  laws  prescribe 
the  manner  in  which  such  acts,  records,  and  proceedings 
shall  be  proved,  and  the  effect  thereof."  Legislative  acts 
are  proved  or  made  authentic  by  the  afhxing  of  the  seal 
of  the  state,  and  court  records,  by  the  certificate  of  the 
judge,  the  signature  of  the  clerk,  and  the  afhxing  of  the 
seal  of  the  court,  where  there  is  one.  It  is  evident  that 
unless  the  legislative  acts  and  court  records  of  one  state 
were  accepted  in  the  others,  the  states  would  soon  be 
involved  in  endless  confusion  and  litigation. 

Privileges  of  Citizens.  Another  of  the  obligations  laid 
upon  the  states  by  the  Constitution  is  that  they  grant  to 
the  citizens  of  each  state  "  all  the  privileges  and  immuni- 
ties of  citizens  in  the  several  states."  By  this  provision  a 
state  is  prohibited  from  denying  to  citizens  of  the  United 
States  coming  to  it  from  outside  its  own  borders  any  of  the 
privileges  granted  to  its  own  citizens.  It  must  not  regard 
them  as  aliens ;  it  must  not  discriminate  against  them  by 
legislation ;  it  must  permit  them  to  come  and  go  as  freely, 
to  acquire  and  enjoy  property  as  freely,  as  it  does  its  own 
citizens,  and  must  grant  them  the  same  legal  protection. 


346     ACTUAL  GOVERNMENT  OF  NEW  YORK 

Fugitive  Criminals.  The  Constitution  provides  also  for 
the  return  of  fugitive  criminals.  "  A  person  charged  in 
any  state  with  treason,  felony,  or  other  crime,  who  shall 
flee  from  justice  and  be  found  in  another  state,  shall,  on 
demand  of  the  executive  authority  of  the  state  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  state  having 
jurisdiction  of  the  crime."  This  process  of  securing  the 
surrender  of  fugitive  criminals  is  called  extradition.  The 
demand  or  requisition  is  addressed  by  the  executive  au- 
thority of  the  state  having  jurisdiction  of  the  crime  to  the 
executive  of  the  state  in  which  the  criminal  is  found,  and 
it  rests  with  the  latter  to  determine  whether  the  person 
demanded  is  a  fugitive  from  the  justice  of  the  state  mak- 
ing the  demand.  The  requisition  is  made  in  official  form, 
by  making  complaint  on  oath  or  by  presenting  an  official 
copy  of  the  indictment. 

Limitations  of  State  Power.  In  addition  to  guarantee- 
ing to  the  states  certain  privileges  and  imposing  upon 
them  certain  duties  toward  each  other,  the  Constitution 
also  lays  upon  their  powers  certain  limitations,  denying 
some  powers  to  them  absolutely,  others  provisionally. 

Absolute  Limitations:  Foreign  Affairs.  Thus  it  denies 
to  them  absolutely  the  power  to  do  certain  acts  whose  per- 
formance by  the  states  would  be  a  practical  denial  of  the 
supremacy  of  the  national  government.  It  is  a  function  of 
only  absolutely  sovereign  states  to  enter  into  treaties,  alli- 
ances, or  confederations  with  other  powers.  To  grant  such 
a  power  to  the  individual  states  of  the  Union  would  be  to 
declare  them  independent  of  the  general  government ;  hence 
it  is  expressly  denied  to  them  by  the  Constitution.  The 
same  is  true  of  the  right  to  grant  letters  of  marque  and  re- 
prisal. This  is  a  part  of  the  war-making  power  which 
belongs  to  the  whole  nation,  not  to  any  single  portion  of  it. 


THE  STATES  AND  THE  CONSTITUTION^       347 

To  grant  it  to  the  states  would  be  to  subject  the  whole 
nation  to  the  risk  of  being  involved  in  a  war  at  any  moment. 

In  the  Matter  of  Money  the  Constitution  also  lays  upon 
the  states  certain  prohibitions.  It  forbids  them  (1)  to 
coin  money,  (2)  to  emit  bills  of  credit,  and  (3)  to  make 
anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts.  The  power  of  coining  money  had  already  been 
granted  to  the  general  government  for  the  sake  of  securing 
uniformity  in  the  monetary  system.  To  have  left  a  like 
power  with  the  states  would  have  been  to  defeat  that  end 
and  to  leave  the  confusion  as  great  as  it  had  been  before 
the  adoption  of  the  Constitution.  The  other  provisions  in 
regard  to  money  were  also  dictated  by  the  experience  of 
the  framers  of  the  Constitution  during  the  Revolution  and 
under  the  Articles  of  Confederation.  When  we  were  study- 
ing the  condition  of  affairs  under  the  Confederation,  we 
saw  something  of  the  disastrous  effects  that  followed  the 
issue  of  bills  of  credit  (promises  to  pay,  that  is,  paper 
money)  and  of  making  such  bills  legal  tender. 

Personal  Liberty.  The  Constitution  also  denies  to  the 
states  absolutely  the  power  to  interfere  with  the  personal 
liberty  and  equality  of  citizens  by  passing  any  bill  of  at- 
tainder, any  ex  post  facto  law,  or  any  law  impairing  the  obli- 
gation of  contracts,  or  by  granting  any  title  of  nobility.  All 
these  prohibitions  except  that  in  regard  to  the  passing  of 
laws  impairing  the  obligation  of  contracts  are  laid,  not 
upon  the  states  only,  but  upon  the  United  States  as  well, 
and  we  have  already  studied  their  meaning  and  purpose. 
The  clause  regarding  the  obligation  of  contracts,  like  so 
many  others,  was  the  result  of  experience.  Under  the 
Confederation  the  power  of  the  majority  had  often  been 
used  to  change  existing  laws  regulating  contracts.  The 
debtor  class  in  particular  had  employed   this  means  of 


348  ACTUAL  GOVERNMENT  OF  NEW  YORK 

escaping  their  just  burdens,    and  had  thus  wrought   no 
little  injustice. 

Provisional  Limitations.  Besides  these  absolute  limita- 
tions upon  the  powers  of  the  states  there  exist  also  some 
provisional  ones.  Some  of  these  relate  to  matters  of  taxa- 
tion. The  states  are  forbidden,  without  the  consent  of 
Congress,  to  lay  any  tax  upon  exports  or  imports  except 
such  as  may  be  necessary  in  order  to  pay  the  expense  of 
inspection.  If  a  tax  is  laid  and  the  revenue  from  it  ex- 
ceeds the  expense  of  inspection,  all  such  excess  must  be 
paid  into  the  national  treasury.  The  inspection  laws  of 
the  state  are,  moreover,  subject  to  the  revision  and  control 
of  Congress.  The  states  are  likewise  forbidden  to  lay 
tonnage  duties  (duties  levied  on  ships  according  to  their 
carrying  capacity)  except  with  the  consent  of  Congress. 
It  will  be  remembered  that  the  regulation  of  commerce 
was  one  of  the  powers  given  into  the  hands  of  Congress. 
If  that  power  of  regulation  were  to  be  effective,  it  was 
necessary  that  the  laying  of  import  and  export  duties  and 
of  tonnage  duties  should  also  be  under  the  control  of  that 
body.  In  the  matter  of  war  also  the  states  are  forbidden 
independent  action  except  under  certain  conditions.  They 
are  forbidden  to  keep  troops  or  ships  of  war  in  time  of 
peace  except  with  the  consent  of  Congress,  or  to  engage  in 
war  unless  actually  invaded  or  in  such  imminent  danger 
that  delay  is  impossible.  The  object  of  these  restrictions 
is  of  course  to  insure  the  safety  of  the  Union  as  against 
the  states.  Closely  connected  with  them  is  the  prohibition 
upon  the  states  to  enter  into  any  agreement  or  compact 
with  each  other  or  with  a  foreign  power  except  with  the 
consent  of  Congress,  the  object  being  to  prevent  any  alli- 
ance hostile  to  the  Union  or  to  the  exercise  of  the  powers 
delegated  to  the  United  States. 


THE  STATES  AND  THE  CONSTITUTION       349 

Doctrine  of  National  Sovereignty.  Besides  stating  thus 
distinctly  the  limitations,  both  absolute  and  provisional, 
placed  upon  the  powers  of  the  states,  the  Constitution  at- 
tempts to  define  still  more  clearly  the  relations  between  the 
state  and  the  national  government  as  follows  :  "  This  Con- 
stitution, and  the  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  -be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land ;  and  the  judges  in 
every  state  shall  be  bound  thereby,  anything  in  the  Consti- 
tution or  laws  of  any  state  to  the  contrary  notwithstand- 
ing." Moreover,  it  is  further  provided  that  not  only  every 
United  States  officer,  but  every  state  officer  as  well,  shall 
take  an  oath  to  support  the  constitution  of  the  United 
States.  This  is  the  Constitutional  statement  of  the  doc- 
trine of  national  sovereignty,  the  doctrine  of  the  supreme 
authority  of  the  national  government  over  every  state  and 
every  individual,  which  was  only  fully  established  by  the 
Civil  War.  In  interpreting  it  we  must  take  into  account 
always  the  fact  that  the  national  government  is  a  govern- 
ment of  delegated  powers,  and  that  "  powers  not  delegated 
to  the  United  States  by  the  Constitution,  nor  prohibited  by 
it  to  the  states,  are  reserved  to  the  states,  respectively,  or  to 
the  people." 

Division  of  Powers:  Reserved  Powers.  Let  us  look  a 
little  more  closely  into  the  meaning  of  this  division  of 
powers  between  the  state  and  the  national  government.  In 
modern  free  governments  all  governmental  powers  must  be 
conceived  of  as  originating  with  the  people.  In  our  own 
system  some  of  these  powers  are  exercised  by  the  state 
authorities,  some  by  the  national  authorities.  Those  be- 
longing to  the  states  are  nowhere  expressly  enumerated.  In 
so  far  as  the  Constitution  defines  them  at  all,  it  does  so 


350     ACTUAL   GOVERNMENT  OF  NEW  YORK 

negatively,  either  by  making  specific  grants  of  power  to  the 
national  government,  by  laying  express  prohibitions  upon 
the  states,  or  by  reserving  certain  powers  to  the  whole 
people.  All  other  powers,  without  definite  enumeration, 
are  reserved  to  the  states.  The  powers  exercised  by  the 
national  authorities,  on  the  other  hand,  are  powers  dele- 
gated by  the  people  through  specific  grants ;  and  within 
the  sphere  of  the  powers  thus  specifically  granted,  the  na- 
tional authority  is  supreme.  We  have  already  seen  that 
certain  specific  powers  are  prohibited  to  the  states  and  that 
certain  others  are  prohibited  to  the  United  States.  It 
should  be  noted  also  that  certain  powers  are  denied  to 
both  these  authorities  (pp.  258,  346).  Thus  the  sovereign 
people,  in  order  to  preserve  certain  rights  believed  to  be  in- 
dispensable, reserved  to  themselves  a  sphere  within  which 
neither  state  nor  national  authority  can  operate.  There 
are  thus  two  classes  of  reserved  powers  —  those  reserved 
to  the  states  and  those  reserved  to  the  people. 

Concurrent  Powers.  Besides  these  reserved  powers  and 
besides  those  specifically  granted  to  the  national  govern- 
ment, there  should  be  mentioned  another  class  of  powers 
known  as  concurrent  powers  —  powers  that  may  be  exer- 
cised by  both  state  and  national  government.  These  con- 
current powers  arise  through  the  fact  that  the  mere  grant 
of  a  specific  power  to  the  national  government  does  not  of 
itself  constitute  a  prohibition  upon  the  states  to  exercise 
such  a  power.  For  example,  Congress  has  been  granted  the 
power  to  pass  uniform  bankruptcy  laws  and  has  at  various 
times  exercised  this  power.  Several  national  bankruptcy 
laws  have  been  passed  and  repealed.  But  the  states  have 
also  possessed  and  exercised  the  power  to  pass  bankruptcy 
laws,  which,  however,  cannot  apply  to  existing  contracts. 
To  be  sure,  the  operation  of  all  such  state  laws  is  suspended 


THE  STATES  AND  THE  CONSTITUTION       351 

if,  or  in  so  far  as,  they  are  found  to  conflict  with  a  national 
law ;  but  upon  the  repeal  of  the  national  law  the  state 
law  becomes  again  operative,  and  the  state  retains  as  fully 
as  ever  its  power  to  legislate  upon  the  subject. 

Classes  of  Powers.  To  sum  up,  we  may  follow  Mr. 
Bryce  in  distinguishing  the  following  classes  of  govern- 
mental powers  in  the  United  States : 

(1)  Powers  vested  in  the  national  government  alone; 

(2)  Powers  vested  in  the  states  alone ; 

(3)  Powers  exercisable  by  either  the  national  govern- 
ment or  the  states ; 

(4)  Powers  forbidden  to  the  national  government ; 

(5)  Powers  forbidden  to  the  state  governments. 

To  these  might  be  added  another  class  —  namely, 
(6)  powers  vested  in  the  people  alone  and  exercisable  only 
by  the  difficult  process  of  amending  the  Constitution. 

Conflicts  of  Authority.  When  conflicts  of  state  and  na- 
tional authority  arise,  it  becomes  the  duty  of  the  courts 
and,  in  the  last  resort,  of  the  Supreme  Court  of  the  United 
States,  to  define  the  limits  of  state  and  national  jurisdic- 
tion. In  making  such  decisions  the  courts  have  followed 
the  rule  that  the  state  is  presumed  to  have  jurisdiction 
wherever  its  powers  have  not  been  limited  by  the  United 
States  constitution  or  its  own  constitution,  while  the 
national  government  possesses  a  particular  power  only  if 
it  can  be  shown  to  have  been  granted,  either  specifically 
or  by  implication,  in  the  Constitution. 

Library  References.  Macy,  chaps,  xxxix-xli ;  Macy,  First  Lessons, 
chap,  ii;  Dawes,  chaps,  xiv-xv;  Hinsdale,  chaps,  xxvii,  xl-xlii, 
xliv-xlv,  xlix;  Fiske,  pp.  253-258;  Wilson,  §§  891-893;  Bryce, 
Vol.  I,  chaps,  xxvii-xxx ;  Curtis,  Vol.  I,  chaps,  xxvii-xxviii,  xxxi- 
xxxii ;  Vol.  II,  chap,  viii ;  Wilson,  Congressional  Government,  Intro- 
duction;  Lalor,  Article  on  State  Sovereignty;  Woodburn,  pp.  77-87. 


352      ACTUAL   GOVERNMENT  OF  NEW  YORK 

QUESTIONS    ON    THE    TEXT 

1.  By  what  authority  are  new  states  admitted  into  the 
Union  ? 

2.  Describe  the  process  of  admitting  a  new  state  into  the 
Union. 

3.  State  and  explain  the  restriction  in  the  constitutional 
provisions  for  the  admission  of  new  states. 

4.  Give  the  provisions  of  the  Constitution  by  which  no  state 
need  pay  more  than  its  just  share  of  taxes. 

5.  Give  the  substance  of  the  constitutional  provision  regard- 
ing fugitive  criminals. 

6.  A  person  having  committed  a  crime  in  one  state  flees  to 
another  state ;  how  may  he  be  captured  and  returned  ?  What 
is  this  process  called? 

7.  Give  the  substance  of  the  constitutional  provision  regard- 
ing (i)  public  records ;    (2)  protection  to  states  by  the  nation. 

8.  What  powers  are  reserved  to  the  people  ? 

9.  Mention  three  important  powers  denied  to  the  states,  and 
give  a  reason  in  each  case. 

10.  Mention  two  governmental  powers  held  by  the  United 
States  and  prohibited  to  the  states.     Give  a  reason  in  each  case. 

11.  Define  legal  tender.  Is  an  American  trade  dollar  a  legal 
tender  ? 

12.  What  is  the  provision  of  the  Constitution  regarding  the 
laying  of  duties  on  imports  or  exports  by  any  state?  Why  is 
this  provision  necessary? 

13.  What  prohibition  is  laid  on  the  states  regarding  treaties? 
Give  the  reason  for  this  prohibition. 

14.  "The  states  are  forbidden  to  issue  letters  of  marque,  to 
coin  money,  to  emit  bills  of  credit,  to  pass  ex  post  facto  laws, 
or  to  make  anything  but  gold  and  silver  coin  a  tender  in  pay- 
ment of  debt."     Explain  these  prohibitions. 


THE  STATES  AND  THE  CONSTITUTION       353 

15.  Give    the    constitutional    provision    regarding    powers 
reserved  to  states. 

16.  Mention   two   points   of   difference   between   the  rights 
enjoyed  by  a  state  and  the  rights  enjoyed  by  a  territory. 

17.  Give   in   substance    the   provision   of   the  Constitution 
regarding  the  protection  to  states  by  the  nation. 


CHAPTER   XXVI 

THE    BILL    OF   RIGHTS:     THE    INDIVIDUAL    IN    HIS 
RELATIONS    TO    THE    CONSTITUTION 

The  Bill  of  Rights.  When  the  Constitution  was  sub- 
mitted to  the  people  for  ratification,  one  of  the  chief  ob- 
jections raised  against  it  was  that  it  contained  no  Bill  of 
Rights — -no  sufficiently  explicit  guaranty  of  the  rights  of 
the  individual  against  the  encroachments  of  the  federal 
power.  Several  of  the  states,  while  ratifying  it,  accom- 
panied their  acceptance  with  a  recommendation  that  cer- 
tain amendments  be  added,  safeguarding  the  liberties  of 
the  individual.  Numerous  amendments  were  proposed  by 
the  various  states,  many  of  them  covering  the  same  ground. 
The  first  Congress  passed  twelve,  of  which  ten  were  ratified 
by  three  fourths  of  the  state  legislatures  and  were  declared 
in  force  in  1791.  These  first  ten  amendments  constitute 
our  American  Bill  of  Rights,  so  called  from  their  resemblance 
to  the  English  Bill  of  Rights  enacted  in  1689. 

Restriction  only  upon  the  Federal  Government.  It 
should  be  noted  in' connection  with  these  first  ten  amend- 
ments that  they  were  designed  as  restrictions  upon  the 
United  States,  not  upon  the  states,  and  that  they  have 
been  so  interpreted  by  the  courts.  Unless  the  states  are 
specifically  mentioned,  it  is  held  that  the  limitations  im- 
posed by  the  United  States  constitution  are  imposed  on  the 
national  government  only.  Thus,  if  a  state  should  by  its 
constitution  abolish  the  right  of  trial  by  jury,  no  national 

354 


This  Picture  Represents  "  The  Right  of  the  People  Peace- 
ably to  Assemble,"  a  Right  Guaranteed  by  the  Constitu- 
tion in  the  First  Amendment. 


355 


356      ACTUAL   GOVERNMENT  OF  NEW  YORK 

law,  either  Constitution  or  statute,  would  be  brought  to 
bear  to  prevent.  The  reason  for  this  is  clear  enough  if 
we  remember  the  circumstances  under  which  the  Constitu- 
tion came  into  existence.  It  was  framed  in  the  hope  of 
establishing  a  better  government  than  that  of  the  old 
confederation,  and  the  government  created  by  it  was  the 
national  government,  not  those  of  the  states.  Some  of 
the  state  constitutions  existed  before  the  federal,  and 
generally  guaranteed  to  their  citizens  the  rights  afterward 
provided  for  in  the  federal  constitution  by  these  amend- 
ments. The  federal  Bill  of  Rights  was  passed  in  order  to 
secure  to  the  citizens  of  the  United  States  the  rights  already 
guaranteed  to  them  as  citizens  of  the  states  by  their  state 
constitutions ;  and  the  limitations  of  the  federal  constitu- 
tion, unless  otherwise  expressly  stated,  apply  to  the  na- 
tional government  and  to  it  alone. 

Classes  of  Guaranties.  Let  us  look  now  a  little  more 
closely  at  these  limitations  which  the  people  deemed  it 
necessary  to  impose  upon  the  newly  formed  government 
in  order  to  protect  the  citizen  against  possible  encroach- 
ments upon  his  individual  rights.  They  fall  into  three 
main  classes :  (i)  provisions  guaranteeing  to  him  the  right 
of  personal  liberty ;  (2)  those  guaranteeing  the  right  of  per- 
sonal security ;  (3)  those  guaranteeing  the  right  of  private 
property. 

The  Right  of  Personal  Liberty  is  secured  by  the  several 
provisions  of  the  First  Amendment.  This  attempts  to  se- 
cure, first  of  all,  freedom  of  religion,  by  providing  that 
"  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof."  As 
we  all  know,  many  of  the  settlements  in  this  country  had 
been  made  primarily  for  the  purpose  of  providing  a  means 
of  escape  from  the  restrictions  of  a  State  church,  and  in 


THE    BILL    OF    RIGHTS  357 

such  communities  the  desire  for  the  separation  of  State  and 
Church  was  natural.  Moreover,  in  view  of  the  religious 
intolerance  shown  by  many  of  the  colonies,  and  the  great 
variety  of  sects  existing  there,  such  a  separation  provided 
the  only  means  of  avoiding  religious  disturbances.  The 
amendment  also  denies  to  Congress  the  power  of  "  abridg- 
ing the  freedom  of  speech  or  of  the  press."  This  right 
of  free  speech  and  of  a  free  press  is  one  that  our  nation 
has  guarded  jealously— so  jealously  that  it  may  be  ques- 
tioned whether  the  right  is  not  frequently  abused.  Finally, 
the  amendment  provides  for  securing  "  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  govern- 
ment for  a  redress  of  grievances."  This  right  of  petition 
had  been  secured  in  England  by  the  Bill  of  Rights  of  1689. 
It  might  be  supposed  that  the  mere  fact  of  possessing  a 
republican  form  of  government  assured  such  a  right  to  the 
people  of  the  United  States,  but  they  evidently  wished  to 
make  assurance  doubly  sure  by  making  the  provision  a 
part  of  the  Constitution.  The  right  of  peaceable  assembly 
was  not  generally  recognized  in  Europe  until  a  later  period 
than  that  of  our  Constitution. 

The  Right  of  Personal  Security  (to  be  secure  from  in- 
jury in  body  or  character)  is  guaranteed  by  a  number  of 
amendments  or  parts  of  amendments.  The  Second  Amend- 
ment secures  to  each  state  the  right  to  keep  and  bear 
arms,  the  reason  assigned  in  the  Constitution  itself  being 
that  a  well-regulated  militia  is  necessary  to  the  security  of 
a  free  state.  By  the  Fourth  Amendment  provision  is  made 
also  for  security  against  the  unwarrantable  seizure  of  per- 
sons as  well  as  of  property.  It  is  required  that  persons 
shall  be  seized  only  upon  warrants  issued  upon  probable 
cause  and  supported  by  oath  or  affirmation,  and  the  per- 
son to  be  seized  must  be  particularly  described.     Especial 


358     ACTUAL   GOVERNMENT  OF  NEW  YORK 

pains  are  taken  to  secure  to  persons  accused  of  crime  every 
opportunity  for  their  vindication  and  defense.  All  of  the 
Fifth  Amendment  except  the  last  clause  and  all  of  the 
Sixth  and  Eighth  Amendments  are  devoted  to  the  provi- 
sion of  such  guaranties.  Unless  the  person  accused  is  a 
member  of  the  army  or  of  the  navy  or  of  the  militia  in 
actual  service,  he  can  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime  only  on  the  indictment  or  pre- 
sentment of  a  grand  jury.1  If  the  penalty  endangers  life 
or  limb,  he  cannot  be  tried  twice  for  the  same  offense.  He 
cannot  be  compelled  to  be  a  witness  against  himself,  and 
he  cannot  be  deprived  of  life,  liberty,  or  property  without 
due  process  of  law.  By  the  Sixth  Amendment  it  is  pro- 
vided that  the  accused  shall  be  given  a  speedy  public  trial 
by  an  impartial  jury  of  the  district  in  which  the  crime  was 
committed ;  he  must  be  informed  as  to  the  nature  and 
cause  of  the  accusation ;  he  must  be  confronted  with  the 
witnesses  against  him ;  he  must  be  permitted  to  compel, 
if  necessary,  the  attendance  of  favorable  witnesses ;  he 
must  be  permitted  to  secure  or  must  be  given  the  assistance 
of  counsel  for  his  defense.  Finally,  by  the  Eighth  Amend- 
ment, the  requirement  of  excessive  bail,  the  imposition  of 

1  A  grand  jury  consists,  in  most  of  the  states,  of  from  12  to  23  men,  chosen 
by  lot  in  every  district  to  inquire  into  all  the  offenses  committed  in  the  dis- 
trict since  the  meeting  of  the  last  grand  jury.  Usually  cases  are  brought 
before  it  by  a  public  prosecutor,  who  formally  charges  certain  persons  with 
particular  crimes.  If  the  grand  jury  thinks  the  evidence  against  an  ac- 
cused person  sufficient  to  warrant  a  trial,  it  returns  an  indictment  (a  written 
accusation  presented  by  a  grand  jury  under  oath,  and  upon  the  suggestion 
of  the  public  prosecutor,  to  a  court  having  jurisdiction  of  the  offense  charged 
therein)  or  a  presentment  (a  written  accusation  presented  by  a  grand  jury 
upon  its  own  motion,  from  its  own  knowledge  or  upon  evidence  laid  before 
it).  When  an  indictment  has  been  found,  the  accused  is  given  a  copy  of 
it  and  allowed  time  to  prepare  his  defense.  If  he  is  unable  to  pay  for  coun- 
sel, the  judge  must  appoint  one,  whose  services  are  paid  for  out  of  the  pub- 
lic treasury. 


THE   BILL   OF   RIGHTS  359 

excessive  fines,  and  the  infliction  of  cruel  and  unusual 
punishments  are  forbidden. 

The  Right  of  Private  Property.  Several  of  these  amend- 
ments or  parts  of  them  guarantee  the  right  of  private 
property.  One  of  the  annoyances  to  which  the  colonists  had 
been  subjected  by  the  British  government  was  the  billet- 
ing of  soldiers  upon  them.  It  was  probably  this  experience 
that  suggested  the  Third  Amendment,  by  which  it  was  pro- 
vided that  no  soldier  should  be  quartered  in  any  house  in 
time  of  peace  without  the  owner's  consent ;  nor  in  time  of 
war,  except  in  a  manner  prescribed  by  law.  The  Fourth 
Amendment,  as  we  have  already  seen,  makes  provision 
against  the  unwarrantable  seizure  of  persons  and  likewise 
against  unreasonable  searches  or  seizures  of  property,  by 
requiring  that  searches  be  undertaken  only  on  warrants 
issued  upon  an  oath,  attesting  a  cause  and  describing  the 
place  to  be  searched  and  the  things  to  be  seized ;  while  the 
last  clause  of  the  Fifth  Amendment  provides  that  no  private 
property  shall  be  taken  for  public  use  without  just  compen- 
sation. Finally,  by  the  Seventh  Amendment  it  is  provided 
that  in  civil  suits,  where  the  value  in  controversy  exceeds 
$20,  the  right  to  trial  by  jury  shall  be  preserved,  and  any 
reexamination  of  a  case  thus  tried  must  be  conducted  ac- 
cording to  the  rules  of  the  common  law. 

General  Guaranties.  It  would  seem  as  if  the  above 
provisions,  together  with  similar  ones  contained  in  the 
Constitution  as  originally  adopted,  must  furnish  ample 
security  for  the  rights  of  the  individual ;  but  in  order  to 
deprive  the  federal  government  still  more  completely  of 
any  possible  opportunity  to  encroach  upon  them,  there 
was  added  the  Ninth  Amendment,  declaring  that  "  the 
enumeration  in  the  Constitution  of  certain  rights  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the 


360  ACTUAL  GOVERNMENT  OF  NEW  YORK 

people,"  and  the  Tenth,  already  considered  elsewhere 
(p.  350),  by  which  all  powers  not  delegated  to  the  United 
States  nor  prohibited  to  the  states  are  reserved  to  the 
states  or  to  the  people. 

Library  References.  Macy,  pp.  30-31;  Dawes,  chaps,  xi-xii; 
Curtis,  Vol.  I,  chaps,  xxxiv-xxxv;  Vol.  II,  chap,  vi ;  Fiske,  pp.  269- 
270;  Hinsdale,  chap,  xlvii ;  Montgomery,  pp.  221-222;  Lalor, 
Article  on  Bill  of  Rights;   Woodburn,  pp.  84-85. 

QUESTIONS  ON  THE  TEXT 

1.  Define  "  Bill  of  Rights." 

2.  What  provision  is  there  in  the  Constitution  regarding  free- 
dom of  speech  and  of  the  press?  Discuss  briefly  the  reasons 
for  this  provision.     Is  it  likely  to  be  abused  ?     How  ? 

3.  State  the  substance  of  that  provision  of  the  Constitution 
which  insures  religious  freedom. 

4.  Give  in  substance  that  provision  of  the  Constitution  that 
secures  (1)  personal  liberty;   (2)  protection  to  private  property. 

5.  What  rights  are  secured  by  the  Constitution  to  persons 
accused  of  crime  ? 

6.  What  provision  is  made  for  trial  by  jury  in  civil  cases  ? 

7.  What  does  the  Constitution  provide  with  reference  to 
search  warrants?     Explain  the  importance  of  this  provision. 


CHAPTER  XXVII 

MISCELLANEOUS    PROVISIONS 

The  Public  Debt.  We  have  still  to  consider  a  few  mis- 
cellaneous provisions  of  the  Constitution  not  studied  in 
the  preceding  chapters.  Of  these,  two  concern  themselves 
with  the  national  debt,  one  forming  part  of  the  Constitution 
as  originally  adopted,  the  other  a  part  of  the  Fourteenth 
Amendment.  By  the  first  it  was  provided  that  all  debts 
contracted  before  the  adoption  of  the  Constitution  should 
be  as  valid  against  the  United  States  under  the  Constitution 
as  under  the  Confederation.  In  this  provision  the  framers 
of  the  Constitution  were  merely  declaring  their  adherence  to 
the  generally  accepted  principle  of  public  law  that  a  nation 
does  not  invalidate  its  debts  or  other  contracts  by  chang- 
ing the  form  of  its  government,  but  the  measure  doubtless 
tended  in  no  small  degree  to  inspire  confidence  in  the  new 
government.  The  other  provision  of  the  Constitution  deal- 
ing with  the  public  debt  grew  out  of  the  Civil  War.  It  con- 
stitutes the  fourth  section  of  the  Fourteenth  Amendment 
and  provides  that  "  the  validity  of  the  public  debt  of 
the  United  States,  .  .  .  including  debts  incurred  for  pay- 
ment ...  for  services  in  suppressing  insurrection  or  re- 
bellion, shall  not.  be  questioned.  But  neither  the  United 
States  nor  any  state  shall  assume  or  pay  any  debt  or  ob- 
ligation incurred  in  aid  of  insurrection  or  rebellion  against 
the  United  States,  or  any  claim  for  the  loss  or  emancipa- 
tion of  any  slave ;    but  all  such  debts,  obligations,  and 

361 


362      ACTUAL   GOVERNMENT  OF  NEW  YORK 

claims  shall  be  held  illegal  and  void."  In  other  words, 
the  United  States  assures  the  validity  of  all  debts  incurred 
in  the  suppression  of  the  Rebellion,  but  refuses  itself  to 
pay  and  requires  the  states  to  refuse  to  pay  any  incurred 
in  support  of  the  insurrection. 

Ratification.  The  seventh  and  last  article  of  the  Consti- 
tution proper  provided  for  its  ratification.  Conventions 
were  to  be  called  in  the  various  states  for  the  purpose  of 
ratifying  the  instrument,  and  the  acceptance  of  nine  states 
was  to  be  sufficient  for  its  establishment  between  those 
states.  We  have  already  seen  something  of  the  difficulties 
in  the  way  of  ratification  and  of  its  ultimate  accomplish- 
ment (pp.  189-191). 

Amendment.  One  of  the  conditions  indispensable  to 
the  permanency  of  a  constitution  is  a  provision  for  its  own 
amendment.  States  grow  and  change,  and  unless  their 
constitutions,  particularly  if  they  are  embodied  in  written 
documents,  provide  some  means  by  which  they  can  be  made 
to  conform  in  an  orderly  way  to  the  altered  conditions, 
the  only  recourse  is  to  revolution,  peaceful  or  otherwise. 
One  of  the  chief  defects  of  the  Articles  of  Confederation, 
it  will  be  remembered,  was  the  practical  impossibility 
of  amending  them.  Profiting  from  their  experience  with 
them,  the  delegates  to  the  Constitutional  Convention  at- 
tempted to  provide  a  method  of  amendment  which  should 
be  thoroughly  practicable  and  should  yet  be  difficult 
enough  to  prevent  hasty  and  ill-considered  changes. 

Possible  Methods.  As  finally  provided  by  Article  V  of 
the  Constitution,  amendments  may  be  both  proposed  and 
ratified  by  two  methods.     They  may  be  proposed  either 

(1)  by  a  two-thirds  vote  of  both  houses  of  Congress  or 

(2)  by  a  convention  summoned  by  Congress  at  the  request 
of  the  legislatures  of  two  thirds  of  the  states.     They  may 


MISCELLANEOUS    PROVISIONS  363 

be  ratified  either  (1)  by  three  fourths  of  the  states  through 
their  state  legislatures  or  (2)  by  three  fourths  of  the  states 
through  conventions  especially  called  for  the  purpose.  It  is 
left  with  Congress  to  propose  the  method  of  ratification  to 
be  followed.  Some  restrictions  were  laid  upon  this  power 
of  amendment,  however.  The  clauses  in  regard  to  the 
importation  of  slaves  and  the  laying  of  direct  taxes  were 
not  to  be  affected  by  amendment,  and  it  was  further 
provided  that  no  state  should  be  deprived  of  its  equal 
suffrage  in  the  Senate  without  its  own  consent. 

Method  Used.  Up  to  the  present  time  all  amendments 
to  the  Constitution  have  been  proposed  and  ratified  by 
the  first  of  the  two  methods  described  above ;  that  is,  Con- 
gress has  framed  and  proposed  the  amendments  and  the 
state  legislatures  have  ratified  them.  No  special  conven- 
tions have  ever  been  summoned  for  either  purpose.  The 
consent  of  the  president  to  a  constitutional  amendment 
has  been  held  by  the  Supreme  Court  to  be  unnecessary,  on 
the  ground  that  "  an  amendment  ...  is  an  act  in  consti- 
tution-making and  does  not  come  within  the  provisions  of 
the  Constitution  investing  the  president  with  a  negative."  l 

Existing  Amendments.  The  number  of  proposed  amend- 
ments that  have  been  brought  before  Congress  for  its  con- 
sideration is  very  large,  but  only  twenty-one  have  ever 
received  the  necessary  two-thirds  vote  and  been  submitted 
to  the  states.  Of  these,  seventeen  only  have  been  ratified 
and  become  part  of  the  Constitution.  These  seventeen 
may  be  divided  into  three  groups.  In  the  first  of  these 
groups  we  find  the  first  ten  amendments,  the  Bill  of  Rights, 
whose  origin  and  purpose  have  been  already  discussed 
(Chap.  XXVI).  They  are  hardly  to  be  considered  as  true 
amendments    to    the   Constitution;    they    "ought   to   be 

1  Woodburn,  p.  154. 


364     ACTUAL   GOVERNMENT  OF  NEW  YORK 

regarded  as  a  supplement  or  postscript  to  it,  rather  than 
as  changing  it."  In  the  second  group  we  find  the  Eleventh, 
Twelfth,  Sixteenth,  and  Seventeenth  Amendments,  which, 
though  they  deal  with  quite  different  subjects,  may  really 
be  classed  together,  since  they  attempt  to  correct  minor 
defects  or  meet  the  expanding  needs  of  a  growing  democ- 
racy that  have  become  apparent  in  the  actual  working  of 
the  Constitution.  These  four  amendments  have  also  been 
discussed  in  connection  with  the  matters  with  which  they 
deal  (pp.  218,  228,  293,  332).  To  the  third  group  belong 
the  Thirteenth,  Fourteenth,  and  Fifteenth  Amendments 
which  grew  out  of  the  Civil  War  and  which  register  in  the 
written  constitution  the  political  r-esults  achieved  by  that 
struggle. 

Thirteenth  Amendment.  The  Thirteenth,  Fourteenth, 
and  Fifteenth  Amendments  have  not  been  considered. 
The  circumstances  under  which  all  three  were  ratified  were 
such  that  they  cannot  be  regarded  as  the  free  expression 
of  the  existing  desires  of  three  fourths  of  the  states.  By 
the  Thirteenth  Amendment  slavery,  except  as  a  punish- 
ment for  crime,  is  abolished  in  the  United  States  and  in 
all  places  subject  to  their  jurisdiction.  By  the  Emancipa- 
tion Proclamation,  freedom  had  been  granted  to  all  slaves 
in  the  states  then  in  rebellion,  but  that  did  not  include 
all  the  slave -holding  states,  and  in  certain  places  slavery 
could  still  claim  a  legal  right  to  existence.  The  amend- 
ment was  declared  a  part  of  the  Constitution  in  December, 
1865,  three  fourths  of  the  states  having  ratified  the  same. 

The  Fourteenth  Amendment  was  a  part  of  the  plan  of 
reconstruction  entered  upon  at  the  close  of  the  war.  It  was 
proposed  by  Congress  in  1866  and  declared  in  force  two 
years  later.  It  defines  citizenship  by  declaring  that  it  is 
possessed  by  all  persons  born  or  naturalized  in  the  United 


MISCELLANEOUS    PROVISIONS  365 

States  and  subject  to  the  jurisdiction  thereof,  thus  making 
the  freed  slave  a  citizen.  It  forbids  the  states  to  make  any 
laws  abridging  the  privileges  of  citizens,  depriving  any  per- 
son of  life,  liberty,  or  property  without  due  process  of  law, 
or  denying  to  any  person  the  equal  protection  of  the  laws 
—  provisions  likewise  intended  primarily  to  secure  federal 
protection  for  the  freedman.  By  section  2  of  the  amend- 
ment an  attempt  was  made  also  to  secure  political  rights 
for  the  negro,  by  providing  that  any  state  denying  to  male 
citizens  twenty-one  years  old  the  right  to  vote  should  have 
its  representation  in  Congress  cut  down  in  proportion  to  the 
number  of  citizens  thus  debarred  from  voting.  This  pro- 
vision has  never  been  made  effective.  The  amendment  also 
imposed  some  political  disabilities  upon  certain  classes  of 
participants  in  the  war.  All  state  or  United  States  officers 
who  had  taken  part  in  the  Rebellion  were  rendered  incapable 
of  further  officeholding  until  such  disability  should  be  re- 
moved by  Congress.  An  act  of  1898  finally  removed  the 
last  disability  imposed  by  this  section. 

By  the  Fifteenth  Amendment,  proposed  by  Congress  in 
1869  and  declared  in  force  a  year  later,  a  direct  attempt  was 
made  to  secure  full  political  rights  for  the  negro.  It  had 
become  clear  that  the  indirect  plan  embodied  in  the  second 
section  of  the  Fourteenth  Amendment  was  destined  to 
remain  ineffective  for  a  long  time,  if  not  forever.  The 
Fifteenth  Amendment  provided  that  the  right  of  citizens 
to  vote  should  not  be  abridged  on  account  of  race,  color,  or 
previous  condition  of  servitude.  The  wisdom  of  the  policy 
that  dictated  the  amendment  has  been  much  discussed. 
Like  the  second  section  of  the  Fourteenth  Amendment,  it 
has  proved  ineffective,  for  wherever  the  political  conse- 
quences of  the  negro  vote  have  been  displeasing  to  the 
white  citizens,  the  states  have  found  means  of  suppressing  it. 


366  ACTUAL  GOVERNMENT  OF  NEW  YORK 

Library  References.  Dawes,  pp.  413-417;  Hinsdale,  chaps,  xliii, 
xlvi,  xlviii;  Fiske,  pp.  269-270;  Wilson,  §§  1045-1046;  Bryce,  Vol. 
I,  chaps,  xxxii ;  Curtis,  Vol.  I,  chap,  xxxii ;  Vol.  II,  chaps,  xi-xii ; 
Lalor,  Article  on  Constitution;    Woodburn,  pp.  154,  338,  356. 


QUESTIONS    ON   THE   TEXT 

1.  In  what  two  ways  may  amendments  to  the  Constitution 
be  proposed  ?     State  one  mode  of  ratification  of  an  amendment. 

2.  How  long  after  its  adoption  before  any  amendments  were 
made  to  the  Constitution  ?  Give  the  substance  of  any  of  these 
amendments. 

3.  How  many  amendments  have  been  made  to  the  Constitu- 
tion? Explain  the  purpose  of  the  Thirteenth,  Fourteenth,  and 
Fifteenth  amendments. 

4.  What  amendments  are  included  in  the  Bill  of  Rights? 

5.  What  are  the  principal  provisions  of  the  amendments  of 
the  Constitution  which  have  been  adopted  since  the  close  of  the 
Civil  War? 


CHAPTER  XXVIII 

THE    UNWRITTEN    CONSTITUTION 

Development    of    the    Unwritten    Constitution.    In    the 

foregoing  description  of  our  national  government,  reference 
has  more  than  once  been  made  to  the  existence  of  well- 
established  political  institutions  and  usages  for  which  our 
written  Constitution  makes  no  provision,  but  which  have 
nevertheless  become  as  fixed  a  part  of  the  governmental 
machinery  as  have  any  of  the  institutions  provided  for  by 
the  written  instrument.  Such  institutions  and  usages  exist 
by  the  law  of  the  unwritten  constitution.  By  a  study  of 
Chapter  XXX  it  will  be  seen  that  constitutional  govern- 
ment may  exist  under  an  unwritten  constitution  —  a 
constitution  consisting  of  a  mass  of  well-established  prece- 
dents, usages,  and  statutes  —  as  under  a  written  one,  in 
which  such  fundamental  laws  find  expression  in  a  single 
written  document.  Not  only  is  this  true,  but  it  should  be 
noted  also  that  wherever  a  written  constitution  remains 
long  in  use  without  undergoing  more  or  less  extensive  re- 
vision, it  does  so  by  virtue  of  the  fact  that  there  grows  up 
beside  it  or  within  it  an  unwritten  constitution,  changing 
and  expanding  with  the  needs  of  the  nation  living  under 
it.  This  unwritten  constitution  has  been  called  the  flesh 
and  blood  of  the  Constitution  rather  than  its  skeleton. 
Such  a  growth  has  taken  place  in  the  United  States.  Our 
real  constitution  to-day  consists  not  only  of  the  document 
so  carefully  elaborated  by  the  Convention  of  1789,  but  of 

367 


368   ACTUAL  GOVERNMENT  OF  NEW  YORK 

numerous  judicial  decisions,  legislative  acts,  and  political 
customs,  which  have  originated  in  attempts  to  interpret 
or  supplement  it.  Thus,  while  our  Constitution  has  under- 
gone very  little  change  by  way  of  amendment  or  revision 
of  the  written  document,  it  has,  by  means  of  its  unwritten 
portion,  readily  adapted  itself  to  the  ever-changing  needs 
of  a  rapidly  expanding  people. 

Original  and  Inherent  Powers.  One  of  the  most  im- 
portant changes  brought  about  by  the  growth  of  our  un- 
written constitution  is  the  enlargement  of  the  powers  of 
the  national  government.  It  has  been  frequently  averred 
that  our  national  government  is  one  of  strictly  enumerated 
powers  —  that  it  can  do  only  those  things  which  it  has  been 
given  the  right  to  do  by  an  express  grant  of  power,  or  at 
most  by  implication.  This  is  unquestionably  what  the 
makers  of  the  written  constitution  intended.  As  a  matter 
of  fact,  however,  the  national  government  does  exercise 
other  powers  than  those  expressly  delegated  to  it  or  im- 
plied in  the  exercise  of  its  delegated  powers.  In  other 
words,  the  national  government  exercises  not  only  delegated 
and  implied  powers,  but  original  and  inherent  powers  as 
well ;  and  the  exercise  of  such  powers  has  been  held  by 
the  courts  to  be  constitutional.  In  making  the  Louisiana 
purchase  and  in  passing  the  legal-tender  acts  of  the  Civil 
War  the  national  government  was  exercising  powers  neither 
delegated  to  it  by  the  Constitution  nor  clearly  implied  in 
such  grants  of  power  as  it  had  received.  A  more  recent 
example  of  the  exercise  of  original  powers  by  the  national 
government  is  to  be  seen  in  the  acquisition  of  territory 
as  a  result  of  the  Spanish-American  War  and  in  the  estab- 
lishment of  governments  for  the  acquired  territory. 

Presidential  Electors  only  Party  Agents.  Other  in- 
stances of  practices  and  precedents  that  have  all  the  force 


THE   UNWRITTEN   CONSTITUTION  369 

of  constitutional  provisions  have  been  noticed  in  the  pre- 
ceding pages  but  may  be  briefly  recalled  here.  In  our 
discussion  of  the  electoral  college  the  fact  was  noted 
(p.  296)  that  presidential  electors  are  required  by  party 
custom  to  vote  in  the  electoral  college  for  the  candidates 
selected  by  their  party  at  the  nominating  convention  and 
at  the  polls.  This  custom,  though  it  does  not  transgress 
the  letter  of  the  written  constitution,  nevertheless  defeats 
the  purposes  of  the  framers  in  creating  the  electoral  college. 
It  was  intended  that  this  body  should  be  made  up  of  men 
versed  in  public  affairs  and  acquainted  with  the  merits  of 
public  men,  and  that  it  should  exercise  a  wise  discretion 
in  its  choice  of  the  chief  executive.  In  the  first  two  presi- 
dential elections  this  ideal  was  more  or  less  fully  attained, 
though  even  in  the  second  election  party  influence  began 
to  make  itself  felt  in  the  selection  of  the  vice  president. 
There  was  a  somewhat  general  expectation  at  least  that 
for  vice  president  the  federalists  would  vote  for  John 
Adams  and  the  antifederalists  for  George  Clinton.  By  the 
time  of  the  third  presidential  election,  party  organization 
was  sufficiently  developed  and  party  influence  sufficiently 
strong  to  control  the  votes  of  most  of  the  electors,  and  by 
the  time  of  the  fourth  it  had  become  so  clearly  understood 
that  the  elector's  duty  was  merely  to  ratify  his  party's 
choice,  that  the  struggle  centered  about  the  formally  nomi- 
nated candidates  for  president  and  vice  president  rather 
than  about  the  electors.  Gradually  the  elector  lost  every 
vestige  of  the  discretionary  power  with  which  the  framers 
of  the  Constitution  had  intended  to  endow  him,  and  be- 
came the  merest  party  agent.  It  is  conceivable  that  an 
elector  might  be  found  rash  enough  to  exercise  his  un- 
doubted legal  right  to  vote  contrary  to  the  wishes  of  those 
who  elected  him,  and  no  legal  penalty  could  be  inflicted 


370  ACTUAL  GOVERNMENT  OF  NEW  YORK 

upon  him,  but  such  a  course  would  mean  for  him  political 
suicide.  He  would  be  looked  upon  as  having  betrayed  a 
public  trust  and  as  deserving  of  the  severest  condemnation. 
No  provision  of  the  written  Constitution  is  more  strongly 
safeguarded  by  the  support  of  public  sentiment  than  is 
this  unwritten  law  requiring  the  elector  merely  to  register 
the  vote  of  his  party. 

Reeligibility  of  the  President.  Another  unwritten  rule 
that  has  come  to  have  in  practice  the  force  of  constitutional 
law  is  the  rule  limiting  the  reeligibility  of  the  president. 
The  written  Constitution  sets  no  limit.  The  existing  rule 
that  the  president  shall  be  reelected  but  once  had  its 
origin  in  the  example  of  Washington.  At  the  close  of 
his  second  term  he  expressed  his  intention  of  declining 
reelection  on  the  ground  that  the  unlimited  reeligibility  of 
the  president  was  not  in  keeping  with  republican  institu- 
tions. He  deemed  it  advisable  to  set  the  limit  at  two 
terms.  Jefferson,  who  might  also  have  been  elected  for  a 
third  term,  followed  the  example  of  his  predecessor,  and 
public  opinion  set  the  seal  of  its  approval  upon  the  custom 
so  strongly  that  few  serious  attempts  have  been  made  to 
elect  a  president  for  a  third  term.  An  attempt  in  the  Re- 
publican convention  of  1880  to  renominate  Grant  for  a 
third  term  failed,  as  did  the  attempt  to  nominate  Roosevelt 
in  191 2,  although  he  "  bolted  "  his  party,  organized  a  new 
one,  thereby  forcing  his  own  nomination  to  be  defeated  at 
the  polls  in  the  November  election.  The  election  of  a 
president  for  a  third  term  is  a  possibility,  and,  if  it  should 
occur,  would  repeal  the  unwritten  rule  against  it;  but  so 
long  as  the  rule  commands  the  support  of  public  opinion, 
it  is  a  part  of  the  unwritten  constitution. 

Custom  and  the  President's  Power  of  Removal.  It  is 
by  a  rule  of   the  unwritten    constitution    also    that    the 


THE   UNWRITTEN   CONSTITUTION  371 

president  possesses  the  power  to  remove,  without  the  con- 
sent of  the  Senate,  officers  appointed  by  him  with  the  advice 
and  consent  of  that  body.  The  written  constitution  does 
not  provide  for  the  removal  of  officers  except  by  the  process 
of  impeachment.1  It  is  obviously  necessary  that  there 
shall  reside  somewhere  the  power  to  remove  incompetent 
or  unfit  officials  whose  offenses  fall  short  of  actual  viola- 
tions of  law.  A  debate  upon  the  question  as  to  where 
such  power  should  be  lodged  arose  in  the  first  Congress  in 
connection  with  a  bill  for  organizing  the  first  departments. 
It  was  held  by  some  members  that  the  consent  of  the 
Senate  was  necessary  for  removal  as  well  as  for  appoint- 
ment ;  by  others  that  the  power  of  removal  should  belong 
to  the  president  alone.  Congress  adopted  the  latter  view, 
and  it  was  not  until  President  Jackson's  abuse  of  the 
power  revealed  its  possible  danger  that  the  wisdom  of 
this  construction  of  the  Constitution  was  seriously  ques- 
tioned. Even  then  no  legislative  action  was  taken,  and 
it  was  only  when  the  conflict  with  President  Johnson  arose 
that  Congress  made  any  attempt  to  interfere  with  the 
president's  power  of  removal.  By  the  Tenure  of  Office  Act, 
passed  in  1867,  the  consent  of  the  Senate  to  the  removal 
of  presidential  appointees  was  made  necessary,  and  thus 
the  construction  of  the  Constitution  adopted  by  the  first 
Congress  was  set  aside.  But  it  was  not  for  long.  Just  a 
month  after  the  inauguration  of  the  next  president  came 
the  repeal  of  all  those  provisions  of  the  act  that  interfered 
with  the  president's  power  of  removal,  and  in  1886  what 
was  left  of  the  act  was  repealed.  "  It  is  now  generally 
held  by  publicists  of  both  parties  that  the  Tenure  of  Office 
Act  was  unconstitutional  and  would  have  been  so  held 

1  Art.  I,  Sec.  5,  of  the  Constitution  provides  that  either  house  may  expel 
a  member  by  a  two-thirds  vote. 


372   ACTUAL  GOVERNMENT  OF  NEW  YORK 

by  the  courts  if  it  could  have  been  tested." *  Since 
its  repeal  there  has  been  practically  no  question  that 
the  power  to  remove  appointees  without  the  consent 
of  the  Senate  is  one  of  the  president's  constitutional 
prerogatives. 

The  Senate  and  the  President's  Nominations.  Closely 
allied  with  this  unwritten  rule  in  regard  to  the  president's 
power  of  removal  is  another  touching  the  matter  of  ap- 
pointments. In  accordance  with  this  rule  the  Senate  in- 
variably confirms  the  president's  nominations  for  cabinet 
officers.  The  control  of  other  presidential  appointments 
has  passed  very  largely  into  the  hands  of  the  Senate.  It 
confirms  or  rejects  them  on  any  ground  it  chooses  —  for 
party  reasons  or  for  even  less  commendable  ones.  Not  so 
with  the  cabinet ;  the  president  is  allowed  a  free  hand  in 
the  choice  of  his  immediate  assistants,  and  the  Senate  con- 
firms his  nominations  without  question.  It  is,  of  course, 
conceivable  that  the  president  might  make  a  nomination 
so  obviously  unfit  that  the  Senate  would  reject  it,  but 
such  a  nomination  is  very  improbable. 

The  Cabinet  and  the  Unwritten  Constitution.  This  cus- 
tom of  unquestioning  confirmation  by  the  Senate  of  cabinet 
nominations  finds  its  justification  in  the  character  and  func- 
tion of  the  cabinet  itself.  The  nature  of  this  body  as  it 
exists  to-day,  and  its  relation  to  the  president  and  to  Con- 
gress, are  matters  governed  entirely  by  the  law  of  the  un- 
written constitution.  Its  function  and  its  relation  to 
other  branches  of  the  government  have  been  already  dis- 
cussed (pp.  3 1 1-3 1 2),  but  it  should  be  noted  that  in  the 
cabinet  we  have  a  political  institution  of  very  great  im- 
portance which  is  not  only  regulated  by  the  law  of  the 
unwritten  constitution  but  is  indeed  a  creation  of  it. 

1  Woodburn,  p.  189,  text  and  note. 


THE   UNWRITTEN   CONSTITUTION  373 

The  Committee  System.  Another  important  political 
arrangement  which  has  become  a  p?rt  of  our  Constitution, 
though  the  makers  of  our  written  Constitution  did  not  fore- 
see it  or  provide  for  it,  is  the  committee  system  by  which 
Congress  accomplishes  its  work.  The  system  grew  up  as 
the  easiest  and  most  natural  method  of  solving  the  problems 
confronting  the  lirst  Congress.  Congress,  unlike  the  British 
Parliament,  had  no  official  leaders  charged  with  the  duty  of 
preparing  measures  and  presenting  them  for  its  considera- 
tion. That  duty  belonged  to  the  whole  body,  which  soon 
found  that  the  most  effective  method  of  accomplishing  its 
work  was  by  dividing  it  among  the  members.  At  first 
measures  were  usually  debated  in  committee  of  the  whole, 
and  then  there  was  delegated  to  a  special  committee  the 
task  of  preparing  a  bill  in  accordance  with  the  conclusions 
reached  in  the  debate.  As  time  went  on,  permanent  com- 
mittees were  appointed  to  deal  with  certain  regularly  recur- 
ring lines  of  business,  and  thus  was  gradually  developed 
the  extensive  and  complex  committee  system  of  the  present, 
whose  working  we  have  already  studied  (pp.  270-273). 

Finally,  our  Whole  System  of  Party  Government,  so 
important  a  part  of  our  real  Constitution,  has  developed 
under  the  guidance  of  unwritten  law.  Our  written  Con- 
stitution nowhere  contemplates  such  a  system,  and  its 
growth  has  wrought  profound  changes  in  the  character  of 
our  government.  The  president,  who  was  intended  to 
stand  outside  of  and  above  all  parties,  has  become  avowedly 
a  party  leader.  The  Speaker  of  the  House  of  Representa- 
tives, whom  the  Constitution  barely  mentions  and  who 
was  intended  to  act  merely  as  a  presiding  officer,  has  come 
to  wield  tremendous  influence  over  the  course  of  legisla- 
tion. The  development  of  the  party  caucus,  of  the  party 
convention,  of  our  whole  elaborate  party  organization  and 


374      ACTUAL   GOVERNMENT  OF  NEW  YORK 

machinery,  though  not  in  contravention  of  the  letter  of  the 
written  Constitution,  is  nevertheless  contrary  to  the  wishes 
and  expectations  of  the  framers  of  that  instrument.  All 
these  established  institutions,  usages,  understandings,  form 
parts  of  our  unwritten  constitution.  If  the  student  is  to 
arrive  at  any  adequate  conception  of  the  true  nature  of 
our  government,  he  must  not  lose  sight  of  the  existence  of 
this  ever-changing  unwritten  constitution  side  by  side 
with  the  written  instrument  under  which  it  has  grown  up. 

Library  References.  Bryce,  Vol.  I,  chap,  xxxiv;  Woodburn, 
pp.  86-93;  Hildreth,  Vol.  IV,  pp.  105  ff. ;  Curtis,  Vol.  II,  chap,  iii; 
Tiedeman,  Unwritten  Constitution  of  the  United  States;  see  also 
Library  References  for  Chapter  VII. 


QUESTIONS  ON  THE  TEXT 

1.  State  one  objection  to  an  unwritten  constitution  as  a 
basis  of  national  government. 

2.  Is  it  the  written  or  the  unwritten  constitution  which 
determines  the  following:  (1)  no  state  has  a  right,  of  its  own 
motion,  to  secede  from  the  Union ;  (2)  presidential  electors  are 
expected  to  vote  for  their  party  nominee.  Give  reasons  for 
your  answer. 

3.  What  determines  that  a  member  of  the  federal  House  of 
Representatives  shall  reside  in  the  district  from  which  he  is 
chosen?     Give  reasons  for  and  against  this  practice. 

4.  How  is  the  real  business  of  the  federal  Senate  and  House 
of  Representatives  conducted  ?  Explain  the  system.  How  did 
it  come  to  be  established? 

5.  The  members  of  the  various  committees  in  the  federal 
Senate  are  elective.  What  is  the  practice  in  the  House  of  Repre- 
sentatives ?     Explain. 


THE   UNWRITTEN   CONSTITUTION  375 

6.  How  may  a  party  caucus  in  Congress  determine  legisla- 
tion? Are  the  members  of  the  party  bound  by  the  action  of 
the  caucus?  Is  this  phase  of  our  government  a  matter  of  the 
written  or  unwritten  constitution?     Explain. 

7.  Under  our  written  Constitution,  has  the  federal  govern- 
ment the  right  in  matters  essentially  national  to  exercise  such 
original  and  inherent  powers  as  belong  to  a  sovereign  state? 
Explain. 

8.  What  is  meant  by  "senatorial  courtesy" ?  How  far  is  it 
applied  in  the  matter  of  presidential  appointments  ?     Explain. 

9.  By  whom  are  the  presidential  appointees  removable? 
Is  this  matter  determined  by  constitutional  provisions?  Ex- 
plain. 

10.  How  was  the  cabinet  created  ?  What  regulates  its  action 
and  its  relation  to  the  president  and  to  Congress?  Discuss 
fully. 

11.  What  penalty  is  inflicted  for  violations  of  the  provisions 
of  the  unwritten  constitution?  What  would  happen,  for  in- 
stance, if  a  presidential  elector  should  vote  contrary  to  the 
wishes  of  his  party,  or  a  member  of  Congress  to  the  decision  of 
his  party  caucus  ? 


CHAPTER  XXIX 

STATE    GOVERNMENTS 

In  our  study  of  the  federal  Constitution  we  have  already 
considered  the  relation  of  the  states  to  the  national  govern- 
ment (Chapter  XXV).  We  must  now  attempt  to  outline 
in  a  general  way  the  government  of  the  states  themselves. 

National  Expansion  since  1789  has  been  very  rapid.  At 
that  date  there  were  thirteen  states,  with  an  area  of  392,520 
square  miles,1  whose  population  by  the  census  of  1910  is 
37,310,849.  Three  new  states  have  been  made  from  parts 
of  these,  and  thirty-two  others  have  been  added,  with  an 
area  of  2,632,360  and  a  population  of  54,661,417.  "  West- 
ward," indeed,  "  the  course  of  empire  takes  its  way,"  and 
the  power  which  New  England  and  her  sister  states  once 
exercised  in  politics  is  now  shared  with,  if  not  entirely 
transferred  to,  the  great  states  of  the  Mississippi  Valley 
and  of  the  Far  West. 

Diversities  and  Uniformities  among  the  States.  When 
we  consider  how  dissimilar  are  the  elements  that  compose 
our  population,  how  great  the  extent  and  how  varied  the 
character  and  climatic  conditions  of  the  territory  over 
which  that  population  is  spread,  and  finally,  how  large  a 
measure  of  political  independence  is  left  to  the  states  by 
the  federal  constitution,  we  might  expect  a  much  wider 

1  Including  Maine,  Vermont,  West  Virginia,  and  the  District  of  Columbia, 
also  parts  of  Massachusetts,  New  York,  Virginia,  and  Maryland. 

376 


STATE   GOVERNMENTS  377 

diversity  of  political  arrangements  between  the  states 
than  actually  exists.  Diversities  there  are,  to  be  sure,  but 
they  are  in  matters  of  detail.  In  general  outline  the  gov- 
ernments of  these  forty-eight  great  commonwealths  are 
surprisingly  alike.  This  similarity  must  be  attributed  in 
part  to  direct  copying  of  portions  of  the  constitutions  of 
the  older  states  by  the  newer  ones ;  in  part  to  the  constant 
movement  of  population,  which  tends  to  prevent  the  growth 
of  local  peculiarities ;  in  part  to  the  influence  of  railways, 
newspapers,  and  telegraphs,  which  tends  in  the  same  direc- 
tion ;  in  part  to  the  absence  among  the  newer  states  of 
both  natural  and  historical  boundaries  and  of  separate 
traditions.  In  all  the  states  we  shall  find  written  consti- 
tutions, which  provide  systems  of  government  alike  in  all 
essential  particulars. 

Origin  of  State  Constitutions.  The  state  constitutions 
are  the  direct  descendants  of  the  royal  charters  under 
which  the  early  English  settlements  in  America  were  made. 
From  the  beginning  the  English  colonists  in  America  were 
accustomed  to  the  idea  of  a  fundamental  law,  usually 
written,  which  created  for  them  a  frame  of  government, 
and  which  emanated  from  an  authority  superior  to  the 
ordinary  law-making  power  in  the  colony.  This  superior 
authority  resided  at  first  in  the  British  crown  or  in  the 
crown  and  Parliament,  but  when  the  colonies  became  in- 
dependent commonwealths,  it  passed  over,  not  to  the  legis- 
latures, but  to  the  people  of  the  newly  created  states.  In 
the  ten  colonies  that  were  either  proprietary  governments 
or  royal  provinces  it  was  deemed  necessary  to  frame  new 
constitutions  or  to  make  considerable  alterations  in  the  old 
ones,  but  in  the  three  charter  colonies,  namely,  of  Massa- 
chusetts, Rhode  Island,  and  Connecticut,  the  colonial 
charters  were  intended  to  serve  as  state  constitutions,  with 


378     ACTUAL   GOVERNMENT  OF  NEW  YORK 

only  such  changes  as  were  made  necessary  by  the  substitu- 
tion of  the  authority  of  the  people  for  that  of  the  crown. 
We  have  already  seen  how  largely  the  federal  Constitution 
was  influenced  by  the  preexisting  state  constitutions.  As 
might  be  expected,  it  has  in  its  turn  influenced  the  con- 
stitutions of  states  admitted  to  the  Union  since  its  adoption  ; 
but  still  more  have  they  been  influenced  by  the  constitu- 
tions of  the  older  states  from  which  the  settlers  of  the 
newer  states  have  come.  The  original  constitutions  of 
the  first  thirteen  states,  as  well  as  the  constitutions  of 
the  newer  states,  have  been  not  only  frequently  amended 
but  even  entirely  remodeled,  so  that  the  constitutions 
now  in  force  in  the  several  states  date  from  all  periods 
of  our  history. 

Methods  of  Constitution-Making.  At  first  state  consti- 
tutions were  formed  either  by  the  legislatures  or,  more 
commonly,  by  special  constitutional  conventions.  These 
conventions  were  rarely  required  to  submit  their  work,  to 
the  people  for  approval ;  they  were  empowered  not  only  to 
draft  but  also  to  adopt  the  constitution.  Up  to  1810  only 
three  out  of  the  twenty-five  constitutions  adopted  had  been 
submitted  to  the  voters  for  ratification.  Gradually  these 
methods  have  changed  in  nearly  all  the  states,  and  con- 
stitutions are  now  framed  by  specially  elected  conventions, 
whose  work  is  then  submitted  to  the  voters  for  ratification 
or  rejection  (a  referendum) . 

The  Present  Process.  In  detail  the  present  process  of 
forming  a  state  constitution  is  practically  as  follows :  A 
resolution  is  passed,  in  some  states  by  a  two-thirds  vote, 
in  others  by  a  majority  vote  of  the  members  of  the  state 
legislature,  calling  for  a  constitutional  convention.  If,  at 
the  next  election,  the  voters  signify  a  desire  for  revision 
of  the  constitution,  another  resolution  of  the  legislature 


STATE   GOVERNMENTS  379 

prescribes  the  number  of  members  for  the  convention,  the 
election  districts,  and  the  mode  of  election.  When  the 
convention  has  met  and  finished  its  work,  the  new  draft 
is  submitted  to  the  people  for  ratification,  though  only 
one  third  of  the  states  require  such  popular  sanction. 
Usually  it  is  accepted  or  rejected  as  a  whole,  though  extra 
clauses  on  certain  subjects  are  occasionally  voted  upon 
separately.  In  some  states  constitutional  revision  is  re- 
quired at  stated  intervals. 

Constitutional  Amendments.  If,  instead  of  general  re- 
vision, certain  specific  amendments  to  the  constitution  are 
.desired,  such  amendments  are  first  proposed  by  the  state 
legislature.  In  a  few  of  the  states  the  proposal  for  amend- 
ment may  be  passed  by  a  mere  majority  of  the  members  of 
the  legislature  ;  others  require  a  three-fifths  vote ;  others,  a 
two-thirds  vote ;  while  still  others  require  that  the  proposal 
be  passed  by  two  successive  legislatures  by  votes  varying 
in  different  states  from  a  majority  to  three  fourths  of  the 
members  elected.  After  the  proposed  amendments  have 
been  passed  by  the  requisite  majorities,  they  are  submitted 
to  the  people  for  ratification,  and  in  this  popular  vote  like- 
wise special  majorities  are  required  by  the  different  states. 
While  the  process  of  amendment  may  seem  at  first  sight 
somewhat  difficult,  it  has  not  been  found  so  in  practice. 
Constitutional  changes  in  the  states  have  been  made  fre- 
quently —  too  frequently,  some  critics  believe.  The  fact 
that  the  more  recent  constitutions  require  the  consent  of 
only  one  legislature,  rather  than  of  two  successive  ones,  to  a 
proposed  change,  would  seem  to  indicate  a  tendency  to 
make  the  process  a  shorter  and  thus  an  easier  one.  When 
we  come  to  consider  the  contents  of  state  constitutions, 
we  shall  see  that  they  deal  in  the  most  detailed  manner 
with  a  great  variety  of  matters,  many  of  which  are  of  such 


380      ACTUAL   GOVERNMENT  OF  NEW  YORK 

a  character  that  laws  concerning  them  must  be  subject 
to  somewhat  frequent  alteration ;  hence  constitutional 
revision  is  probably  no  more  frequent  than  is  necessary. 

Contents  of  State  Constitutions:  Historical  Changes. 
The  earlier  state  constitutions  were  brief,  usually  contain- 
ing little  more  than  a  Bill  of  Rights  and  a  frame  of  govern- 
ment. As  might  be  expected  in  the  case  of  governments 
formed  under  revolutionary  influences,  the  new  govern- 
ments consisted  of  a  strong  legislature,  a  comparatively 
weak  executive,  and  a  carefully  organized  and  independent 
judiciary.  As  revolutionary  influences  died  away  there 
followed  a  second  period  in  the  history  of  constitution- 
making,  lasting  from  about  1800  to  the  Civil  War.  In  the 
constitutions  of  this  period  the  political  tendency  of  the 
time  toward  democracy  is  clearly  manifest.  Over  a  large 
part  of  the  country  it  becomes  an  established  principle 
that  constitutions  shall  be  enacted  by  popular  vote.  The 
suffrage  is  widely  extended  until  it  becomes  practically 
manhood  suffrage,  except  in  the  case  of  the  negro.  The 
legislature  is  beginning  to  be  regarded  as  a  body  of  agents  to 
whom  are  intrusted  no  very  large  discretionary  powers,  and 
who  must  apply  to  the  people  for  any  extension  of  their 
powers.  Very  significant  is  the  increasing  length  of  the 
constitutions  of  this  period,  due  to  the  incorporation  of  a 
mass  of  provisions  differing  from  ordinary  statutes  only  in 
having  been  enacted  directly  by  the  people  instead  of  by 
the  legislatures.  The  constitutions  enacted  since  the  Civil 
War  have  shown  a  slight  reaction  against  the  democratic 
tendencies  of  the  earlier  period.  There  has  been  a  dis- 
position to  strengthen  the  executive  and  judicial  depart- 
ments of  the  government,  and  to  curtail  the  power  of  the 
legislature  both  by  laying  restrictions  upon  it  and  by 
resorting  frequently  to  direct  legislation  by  the  people. 


STATE   GOVERNMENTS  381 

Existing  State  Constitutions  usually  contain  a  definition 
of  the  boundaries  of  the  state,  a  Bill  of  Rights,  and  pro- 
visions for  the  establishment  of  the  three  departments  of 
government,  with  their  officers  and  functions,  together  with 
regulations  concerning  the  suffrage.  In  addition  to  these 
more  essentially  constitutional  provisions  there  occur  a 
great  number  of  miscellaneous  provisions  dealing  with 
matters  which  properly  belong  to  the  domain  of  ordinary 
law,  such  as  articles  concerning  taxation,  education,  local 
government,  corporations,  public  lands,  the  administra- 
tion of  the  state  debt,  the  management  of  public  institu- 
tions, the  sale  of  intoxicants,  and  many  others.  These 
later  constitutions,  moreover,  not  only  cover  this  great 
variety  of  subjects,  but  deal  both  with  these  and  with 
the  properly  constitutional  provisions  in  much  greater 
detail  than  was  attempted  in  the  earlier  ones.  Doubtless 
the  principal  motive  in  thus  crowding  into  the  constitu- 
tions much  that  might  better  take  the  form  of  laws  on 
the  statute  books  is  popular  distrust  of  the  legislatures 
and  consequent  desire  to  legislate  directly  upon  certain 
important  subjects. 

The  State  Governments.  In  every  state  the  government 
is  divided  into  the  three  departments  —  legislative,  execu- 
tive, and  judicial.  The  state  legislatures  are  all  bicameral 
(that  is,  they  consist  of  two  chambers),  the  smaller  house 
being  termed  in  all  states  the  senate,  while  the  larger  is 
usually  called  the  house  of  representatives,  though  in 
six  states  it  is  known  as  the  assembly,  in  three  as  the 
house  of  delegates.  The  state  executive  department  con- 
sists of  the  governor  and  a  number  of  other  officials.  The 
state  judiciary  consists  of  at  least  one  state  court,  with  a 
number  of  minor  courts.1 

1  See  p.  392. 


382      ACTUAL   GOVERNMENT    OF   NEW  YORK 

Suffrage  and  Elections.  Although  in  most  states  the 
suffrage  approaches  very  nearly  to  universal  manhood  suf- 
frage, still  the  qualifications  are  by  no  means  uniform.  Most 
of  the  states  demand  that  the  voter  be  of  the  male  sex, 
twenty-one  years  of  age,  and  a  resident  of  the  state  for 
a  definite  time,  and  that  he  be  neither  a  criminal  nor  a 
pauper.  Beyond  this  the  qualifications  vary  widely.  In 
Arizona  (191 2),  California  (191 1),  Colorado  (1893),  Idaho 
(1896),  Indiana  (1917),  Kansas  (1912),  Montana  (1914), 
Nevada  (19 14),  New  York  (191 7),  North  Dakota  (19 17), 
Ohio  (19 1 7),  Oregon  (19 12),  Utah  (1896),  Washington 
(19 10),  and  Wyoming  (1869)  women  vote  on  equal  terms 
with  men,  and  in  Illinois  (191 3)  so  far  as  not  prevented 
by  the  state  constitution.  In  a  majority  of  states  the  voter 
must  be  a  citizen  ;  in  others,  a  declaration  of  intention  to 
become  a  citizen  is  sufficient.  Mississippi,  Massachusetts, 
New  Hampshire,  Connecticut,  and  Delaware  impose  an  edu- 
cational test,  requiring  ability  to  read  or  to  read  and  write. 
In  Idaho  the  suffrage  is  denied  to  polygamists.  Some  states 
require  that  the  voter  register  his  name  and  certain  other 
facts  before  he  can  vote.  The  reason  for  the  age  require- 
ment is  obvious.  The  residence  qualification,  if  carried  to 
the  length  it  is  in  New  York  State,  tends  not  only  to  prevent 
repeating  (voting  more  than  once)  at  the  ballot  box  but  to 
secure  from  the  voter  some  familiarity  with  local  conditions 
before  he  casts  his  vote  for  a  local  officer.  Citizenship 
presupposes  a  certain  interest  in  the  affairs  of  a  state 
which,  perhaps,  may  not  exist  in  the  alien  voter.  In  the 
more  thickly  settled  districts,  particularly  in  cities,  regis- 
tration has  been  a  helpful  means  of  combating  the  evil  of 
repeating. 

Method  of  Choosing  Candidates.  The  men  to  be  voted 
for  at  the  various   local,   state,   and  national  elections   for 


STATE   GOVERNMENTS  383 

the  numerous  offices  have  to  be  selected  in  some  manner 
by  each  political  party,  a  separate  set  for  each  party. 
This  is  usually  done  by  what  is  known  as  the  convention 
plan  or  by  means  of  the  primary  election.  For  this 
purpose  the  state  is  divided  into  election  districts,  usually 
the  smallest  political  division  of  the  state.  The  state  is 
also  divided  into  counties,  legislative,  judicial,  and  con- 
gressional districts,  and  the  state  itself  likewise  comprises 
an  election  district.  In  each  district  and  state  each 
political  party  has  its  committee,  whose  duty  it  is  to  call 
a  meeting  of  the  voters,  or  delegates,  of  the  party  for 
the  purpose  of  placing  in  nomination  candidates  for  the 
various  offices  of  the  district  concerned,  to  announce  the 
issues  upon  which  it  goes  before  the  people  and  to  ask 
for  their  support,  and  to  transact  such  other  business  as 
may  devolve  upon  the  meeting.  If  the  convention  plan 
is  followed,  the  committee  of  the  election  district  calls  a 
caucus  or  primary  of  the  voters  of  the  election  district 
belonging  to  its  political  party,  and  proceeds  to  nominate 
candidates  for  local  offices  and  delegates  to  the  county 
convention  or  to  whatever  convention  is  next  in  order. 
This  convention  of  delegates  proceeds  to  select  candidates 
for  the  offices  of  the  county  or  other  district,  delegates  to 
some  higher  convention,  and  so  on  until  a  complete  set  of 
candidates  for  all  offices  —  local,  state,  and  national  —  is 
chosen  by  each  political  party.  The  candidates  thus 
selected  constitute  the  party  ticket,  which  goes  before  the 
people  at  the-  regular  election  in  November  or  later. 

If  the  primary-election  plan  is  followed,  a  candidate 
for  office  must  secure  the  signatures  of  a  certain  per- 
centage of  the  voters  of  his  political  party.  His  name, 
with  others  for  the  same  office  from  the  same  party 
(if   there   are  other   candidates),  is  then  placed  upon  the 


384   ACTUAL  GOVERNMENT  OF  NEW  YORK 

primary  ballot.  In  this  manner  the  ticket  for  the  primary 
election  is  made  up.  At  the  date  set  for  the  primary 
election  the  voters  meet  at  the  places  designated  and 
from  the  different  candidates  proposed  vote  for  the  candi- 
dates of  their  choice.  Those  who  receive  the  highest  vote 
at  the  primary  election  become  the  candidates  of  their  re- 
spective parties  at  the  general  election.  In  this  manner  the 
party  ticket  is  made  up.  The  convention  plan  places  the 
responsibility  of  selecting  candidates  upon  the  party  leaders, 
while  the  primary-election  plan  places  it  upon  the  individual 
voter. 

Under  the  convention  plan  it  was  difficult  for  any  per- 
son to  become  a  candidate  who  was  not  in  favor  with  the 
party  leaders,  while  under  the  primary-election  plan  any 
aspirant  who  can  secure  the  proper  number  of  signatures 
to  his  nominating  petition  can  have  his  name  placed  upon 
the  primary  ballot,  and  upon  the  party  ticket  should  he  be 
successful  in  the  primary  election. 

Voting.  Voting  is  usually  done  on  a  single  day,  between 
sunrise  and  sunset.  For  the  election  of  United  States 
officers  a  uniform  day  has  been  fixed  by  law  —  the  first 
Tuesday  after  the  first  Monday  in  November.  Polling 
places  are  provided,  in  charge  of  officers  prescribed  by  state 
law.  The  voting  is  by  ballot  or  by  voting  machines. 
Most  of  the  states  have  adopted  the  Australian  system 
of  balloting,  or  some  modification  of  it,  in  order  to  secure 
secrecy.  By  this  system  the  voter,  having  been  given  an 
official  ballot  printed  by  the  state  and  containing  in  parallel 
columns  the  names  of  all  the  candidates  to  be  voted  for  at 
that  election,  with  the  party  emblem,  a  circle,  and  the 
name  of  the  party  at  the  top  of  each  column,  enters  a 
closed  booth  or  room,  alone.  If  he  wishes  to  vote  for  all 
the  candidates  of  his  party  (that  is,  a  "straight  ticket"), 


STATE   GOVERNMENTS  385 

he  places  a  mark  in  the  circle  at  the  top  of  the  column  con- 
taining their  names.  If,  on  the  other  hand,  he  wishes  to 
vote  for  one  or  more  candidates  from  other  parties  (that 
is,  a  "  split  ticket  "),  he  places  a  cross  opposite  the  name 
of  each  candidate  for  whom  he  wishes  to  vote.  He  then 
hands  the  ballot  to  the  proper  officer  for  deposit  in  the 
ballot  box.  If  the  officer  in  charge  of  an  election,  or  even 
a  bystander,  thinks  that  the  voter  does  not  possess  the 
necessary  qualifications,  he  may  question  his  right  to  vote. 
This  is  called  challenging.  The  person  challenged  must 
then  "  swear  in  his  vote,"  that  is,  take  an  oath  that 
he  is  entitled  to  vote  at  that  election.  In  New  York 
illegal  voting  is  punishable  by  a  period  of  imprisonment 
from  three  months  to  a  year  in  length,  and  for  certain 
offenses  of  this  nature  an  additional  penalty  is  provided 
depriving  the  convicted  person  of  the  right  of  suffrage 
for  a  period  of  five  years  after  conviction.  In  New  York 
also  and  in  Florida  betting  on  elections  is  forbidden  by  law. 
Election.  After  the  election  the  voting  places  are  closed, 
and  the  election  officers  count,  or  canvass,  the  votes.  If 
the  number  of  ballots  does  not  agree  with  the  list  made 
of  the  voters,  then  it  is  the  custom  to  draw  out  of  the  box 
the  number  in  excess.  Sometimes,  especially  when  voting 
for  the  officers  of  the  larger  divisions  of  the  state,  as  the 
county,  congressional  district,  or  state,  the  votes  are  can- 
vassed by  two  or  three  sets  of  officers.  In  most  of  the 
states  a  plurality  only  is  necessary  for  an  election.  By 
"  plurality  "  is  meant  the  excess  of  the  number  of  votes  cast 
for  the  leading  candidate  over  those  cast  for  each  of  his 
competitors  in  cases  where  there  are  more  than  two  candi- 
dates and  no  one  receives  a  majority  of  the  votes.  Thus, 
if  A  gets  450,  B  300,  and  C  250  votes,  out  of  a  total  vote 
of  1000,  A  is  said  to  have  a  plurality  over  his  competitors. 


386  ACTUAL  GOVERNMENT  OF  NEW  YORK 

In  several  of  the  New  England  states  a  majority  (at  least 
one  over  half  of  the  total  number  of  votes  cast)  is  neces- 
sary to  elect.  It  very  often  happens  that  a  person  is  elected 
on  a  plurality  vote  who  is  really  the  choice  of  but  a  small 
part  of  the  voters ;  on  the  other  hand,  under  the  New 
England  system  it  may  be  necessary  to  resort  to  a  new 
election,  no  candidate  having  the  necessary  number  of 
votes  for  a  choice. 

The  Legislature  :  Organization.  The  members  of  both 
houses  of  the  state  legislature  are  chosen  by  popular  vote, 
usually  from  districts  equal  in  number  to  the  members  of 
the  respective  houses.  The  basis  of  representation,  there- 
fore, does  not  differ  in  the  two  houses,  except  that  the 
senators  are  elected  from  larger  districts.  Otherwise  the 
houses  differ  merely  in  the  number  of  members,  the  length 
of  term,  and  their  special  duties.  The  state  senates  now 
consist,  on  the  average,  of  about  thirty  members.  Nevada 
has  the  smallest  senate,  numbering  twenty-two  members ; 
Minnesota  the  largest  —  sixty-seven.  In  most  of  the 
states  the  term  of  the  senator  is  longer  than  that  of  the 
representative,  ranging  from  two  years  to  four.  In  most 
of  the  states  also  the  senate  is  only  partially  renewed  at 
each  election,  so  that  this  body  possesses  a  continuity 
which  the  other  house  lacks.  Some  of  the  states  also  fix  a 
higher  age  qualification  for  the  senator,  and  until  1897 
Delaware  imposed  a  property  qualification. 

The  Lower  Houses  are  in  general  about  three  times  as 
large  as  the  senates,  but  the  size  of  the  houses  varies  greatly 
from  state  to  state.  In  the  West  and  South  the  houses  are 
generally  smaller  than  in  the  other  states,  particularly  in 
New  England,  where  the  stronger  local  sentiment  demands 
representation  for  smaller  districts.  The  length  of  term 
varies  from  one  year  to  four,  most  of  the  states  electing 


STATE   GOVERNMENTS  387 

for  two.  Except  for  a  lower  age  qualification  and  a  shorter 
period  of  residence  for  representatives,  the  qualifications 
for  members  of  the  two  houses  are  essentially  the  same. 
The  requirement  that  both  senators  and  representatives 
shall  be  residents  of  the  districts  from  which  they  are 
elected  is  made  in  some  states  by  the  constitution,  and 
everywhere  by  custom. 

Sessions.  In  most  of  the  states  the  sessions  of  the  legis- 
lature are  biennial.1  Only  six  states  (Massachusetts,  New 
York,  New  Jersey,  Rhode  Island,  South  Carolina,  and 
Georgia)  now  hold  annual  sessions;  among  them,  natu- 
rally, are  those  which  hold  annual  elections  for  members  of 
the  legislature.  In  most  states  also  the  length  of  the  session 
is  limited,  usually  to  sixty  days,  but  in  three  states  (South 
Carolina,  Wyoming,  and  Oregon)  to  forty.  The  governor 
may,  however,  convene  the  legislature  in  extra  session 
either  on  his  own  initiative  or  at  the  request  of  a  certain 
proportion  of  the  members. 

Procedure.  In  organization  and  procedure  the  state 
legislature  is  very  similar  to  the  national.  The  lieutenant 
governor,  wherever  provision  is  made  for  such  an  officer,  is 
usually  the  presiding  officer  of  the  senate.  The  speaker,  as 
the  presiding  officer  of  the  house  is  called,  is  chosen  by  the 
members.  In  most  of  the  states  a  majority  of  the  mem- 
bers of  each  house  constitutes  a  quorum.  As  in  the  na- 
tional legislature,  there  are  regulations  securing  to  the 
members  freedom  of  speech  in  the  house  and  exemption 
from  arrest  during  the  session,  providing  for  the  expulsion 
of  members  by  a  two-thirds  vote,  for  adjournment,  for  the 
keeping  of  journals,  the  judging  of  elections  of  members, 
the  reading  of  bills,  etc.     The  committee  system  is  in  use 

1  In  some  of  the  Southern  states  the  legislature  regularly  meets  but 
once  in  four  years.     Alabama  is  an  example  of  this  custom. 


388      ACTUAL   GOVERNMENT  OF  NEW  YORK 

in  all  the  states,  and  in  most  of  them  measures  must  be 
approved  by  at  least  one  half  of  all  the  members  of  both 
houses  before  they  are  submitted  to  the  governor. 

Restrictions  on  Powers  of  Legislatures.  We  have  al- 
ready seen  (pp.  349-350)  that  under  the  federal  constitu- 
tion the  states  possess  all  those  powers  not  delegated  to 
the  United  States  by  the  constitution  or  prohibited  by  it 
to  the  states.  The  powers  of  the  states  are  not,  like  those 
of  the  national  government,  delegated  powers,  nor  do  any 
of  the  state  constitutions  expressly  delegate  powers  to  their 
legislatures.  Except  where  specific  limitations  have  been 
imposed  upon  it,  the  state  legislature  has  power  to  deal 
with  any  subject  coming  before  it.  The  people  of  the 
states  have,  however,  shown  a  growing  jealousy  of  the 
powers  of  their  legislatures  by  placing  upon  them  various 
important  limitations  and  prohibitions.  Upon  certain  sub- 
jects, varying  from  state  to  state,  the  legislatures  are  for- 
bidden to  pass  any  measures  at  all.  Mr.  Bryce  classifies 
these  forbidden  measures  as  follows :  (1)  statutes  incon- 
sistent with  democratic  principles,  such  as  granting  titles  of 
nobility  or  creating  a  property  qualification  for  suffrage 
or  office;  (2)  statutes  against  public  policy,  such  as 
tolerating  lotteries,  impairing  the  obligation  of  contracts ; 
(3)  statutes  special  or  local  in  their  application  ;  (4)  statutes 
increasing  the  state  debt  beyond  a  certain  limited  amount 
or  permitting  a  local  community  to  increase  its  debt  beyond 
a  prescribed  amount.  In  addition  to  these  prohibitions 
upon  legislation,  the  constitutions  impose  also  a  number  of 
restrictions  as  to  the  treatment  of  bills,  the  majorities 
necessary  to  pass  certain  bills,  the  method  of  voting,  the 
reading  of  bills  and  the  intervals  between  readings,  as  well 
as  regulations  against  changing  the  purpose  of  a  bill 
during  its  passage,  and  requiring  that  only  one  subject  be 


STATE   GOVERNMENTS  389 

included  in  a  bill  and  that  that  subject  be  expressed  in 
the  title. 

Special  Powers  of  the  Houses.  In  most  of  the  states 
each  house  possesses  special  powers.  The  power  of  im- 
peachment belongs  to  the  lower  house,  but  the  senate  acts 
as  a  court  for  the  trial  of  impeachment  cases.  A  two-thirds 
vote  is  usually  required  for  conviction.  The  senate  also 
possesses  the  power  of  confirming  appointments  made  by 
the  governor.  On  the  other  hand,  the  power  of  originating 
money  bills  resides,  in  a  majority  of  the  states,  with  the 
lower  house.  In  Vermont  the  power  of  proposing  amend- 
ments to  the  constitution  is  given  to  the  senate  alone,  in 
Connecticut  to  the  house. 

The  Executive  :  Its  Character.  The  organization  of  the 
executive  power  of  the  states  differs  very  materially  from 
that  of  the  federal  government.  We  have  seen  that  the 
president  is  the  real  executive  head  of  the  nation.  In  him 
the  chief  executive  authority  is  vested,  and  to  him  are  re- 
sponsible the  officials  who  administer  the  federal  law.  He 
appoints  them  and  he  may  at  any  time  remove  them  for 
cause.  In  other  words,  the  executive  authority  of  the 
nation  is  centralized.  In  the  states,  on  the  other  hand, 
it  is  very  much  decentralized.  The  relations  existing  be- 
tween the  governor  and  the  other  principal  administrative 
officers  of  the  state  are  very  different  from  those  existing 
between  the  president  and  his  cabinet.  These  state  officials 
usually  are  not  the  governor's  appointees.  They  are  gen- 
erally elected  either  directly  by  the  people  or  by  the  legis- 
latures and  are  in  no  wise  responsible  to  the  governor. 
Even  where,  as  happens  in  a  few  of  the  states,  some  of 
these  officials  are  appointed  by  the  governor  with  the 
confirmation  of  the  senate,  they  are  still  not  dependent 
upon  him.      Their  duties    are    prescribed   either    by   the 


39©   ACTUAL  GOVERNMENT  OF  NEW  YORK 

constitutions  of  their  states  or  by  statute,  and  they  are 
removable  only  for  just  legal  cause.  They  are  not  the 
governor's  subordinates  or  agents  ;  they  are  his  colleagues. 
Moreover,  it  cannot  even  be  said  that  the  governor  and 
the  other  central  administrative  officials  together  make 
up  the  whole  of  the  state  executive.  The  power  is  still 
further  shared  by  a  large  number  of  local  officials,  —  county, 
town,  and  municipal  officers,  ■ —  who,  though  they  execute 
state  law,  are  so  little  responsible  to  the  central  executive 
authority  that  they  are  not  usually  regarded  as  state  officers 
at  all,  but  only  as  officers  of  their  districts.  Neither  the 
governor  nor  any  one  of  his  colleagues,  with  the  possible 
exception  of  the  superintendent  of  education,  exercises 
any  real  control  over  the  local  authorities  by  whom  the 
laws  are  actually  administered. 

The  Governor.  In  spite  of  this  diffusion  of  executive 
power,  however,  the  position  of  the  state  governor  is 
by  no  means  insignificant.  If  he  is  only  a  "  piece  "  of  the 
executive,  as  he  has  been  called,  still  he  is  a  very  important 
piece.  Though  he  has  no  real  control  of  the  other  execu- 
tive officers  and  administrative  boards,  still  he  has  general 
oversight  of  them.  He  has  some  power  of  appointment, 
though  not  very  extensive.  As  commander-in-chief  of  the 
state  militia  it  is  his  duty  to  see  that  order  is  preserved 
within  the  state  and  to  repel  invasion  in  case  such  occurs. 
The  governor  also  has  the  power,  under  certain  restrictions, 
to  grant  reprieves  and  pardons  to  persons  convicted  of 
crime.  His  most  important  duties,  however,  are  those 
which  have  to  do  with  the  legislature,  and  which  give  him 
some  control  over  legislation.  At  the  beginning  of  each 
session  he  sends  a  message  to  the  legislature  for  the  purpose 
of  informing  the  lawmakers  of  the  condition  of  the  com- 
monwealth  and   of   recommending   such   measures  as  he 


STATE    GOVERNMENTS  391 

deems  necessary.  In  case  the  houses  fail  to  agree  on  the 
time  of  adjournment,  he  may  adjourn  them.  In  most 
states,  also,  he  may  call  special  sessions,  either  with  or 
without  the  request  of  a  portion  of  the  legislature.  Most 
important  of  all,  however,  is  his  power  of  vetoing  measures 
that  he  does  not  approve  —  a  power  given  him  in  every 
state  except  two  (Rhode  Island  and  North  Carolina).  Bills 
may,  of  course,  be  passed  over  the  governor's  veto  by 
majorities  varying  widely  in  the  several  states.  In  many 
of  the  states  the  governor  may  veto  particular  items  in 
appropriation  bills ;  other  bills  must  be  approved  or  dis- 
approved entire. 

The  Governor's  Colleagues.  In  addition  to  the  governor, 
all  the  states  have  a  number  of  other  central  executive 
officers,  though  not  all  the  states  have,  exactly  the  same 
ones.  Many  of  them  have  lieutenant  governors  who  suc- 
ceed to  the  governorship  in  case  the  governor  is  for  any 
reason  incapacitated.  All  of  them  have  secretaries  of 
state  and  all  have  treasurers.  Nearly  all  have  attorneys- 
general.  Most  of  them  have  superintendents  of  educa- 
tion, though  some  have  boards  of  education  instead.  Some 
have  auditors ;  in  others  the  same  duties  are  performed  by 
comptrollers.  In  three  of  the  states  (Maine,  New  Hamp- 
shire, and  Massachusetts)  there  exist  governor's  councils. 
The  secretaries  of  state  keep  and  affix  the  seal  of  the  com- 
monwealth and  keep  all  state  records.  The  treasurers 
have  charge  of  the  public  funds,  which  they  pay  out  only 
on  warrants  issued  by  the  auditors  or  comptrollers.  The 
auditors  or  comptrollers  have  general  supervision  of  state 
finances.  Like  the  national  Secretary  of  the  Treasury, 
they  present  to  the  legislatures  estimates  of  the  amount  of 
money  needed  for  state  purposes,  though  the  state  legis- 
latures in  general  feel  themselves  even  less  bound  than 


392   ACTUAL  GOVERNMENT  OF  NEW  YORK 

does  Congress  by  such  recommendations.  The  attorneys- 
general  are  the  legal  advisers  of  the  states  and  conduct 
all  state  cases  before  the  courts.  The  superintendent  of 
education  oversees  the  educational  system  of  the  state, 
often  apportioning  the  school  moneys  and  deciding  dis- 
putes involving  school  authorities.  In  addition  to  these 
central  executive  officers  there  are  in  many  of  the  states 
various  departments  in  charge  of  superintendents  or 
boards,  such  as  departments  of  health,  of  labor,  of  agricul- 
ture, of  charities  and  correction.  In  most  cases  these 
departments  have  not  yet  been  given  sufficient  power  to 
render  their  control  effective,  and  a  large  part  of  the  duties 
which  naturally  belong  to  them  are  still  under  local  control. 

Election,  Terms,  and  Qualifications  of  Executive  Officers. 
Not  only  the  governor  but  the  other  central  executive  of- 
ficers as  well  are  chosen  by  direct  popular  vote  over  the 
whole  state.  The  terms  vary  in  the  different  states.  In 
general  the  terms  of  the  other  principal  officers  are  the 
same  as  that  of  the  governor  and  lieutenant  governor. 
In  most  of  the  states  the  term  is  either  two  or  four  years ; 
occasionally,  however,  one  or  three.  Most  of  the  states 
prescribe  certain  minimum  qualifications,  covering  age, 
residence,  and  citizenship,  which  always  apply  to  the 
governor  and  lieutenant  governor  and  generally  to  the 
other  important  officers.  All  these  officials  are  removable 
by  impeachment. 

The  Judiciary.  Justice  in  the  states  is  administered 
through  a  system  of  courts  which  exist  quite  independently 
of  federal  law.  The  two  systems  of  courts,  federal  and 
state,  are  entirely  separate,  so  that  for  cases  falling  within 
their  jurisdiction  the  decision  of  the  state  courts  is  final. 
Only  in  cases  involving  federal  law  or  in  cases  in  which  the 
nature  of  the  parties  to  the  suit  is  such  that  no  state  court 


STATE    GOVERNMENTS 


393 


has  complete  jurisdiction  (for  example,  suits  between  citizens 
of  different  states)  does  an  appeal  lie  to  the  federal  courts. 

The  System  of  Courts.  The  judicial  systems  of  the  differ- 
ent states  vary  so  considerably  that  only  the  most  general 
description  is  applicable  to  all  of  them.  Usually  there  are 
four  grades  of  state  courts.  The  lowest  are  those  presided 
over  by  justices  of  the  peace  and  having  jurisdiction  over 
petty  civil  and  criminal  cases.  Their  decisions  are  almost 
always  subject  to  appeal  to  higher  courts.  Next  above 
them  stand  the  county  or  municipal  courts,  which  hear 
appeals  from  them  and  have  original  jurisdiction  in  civil 
cases  where  the  amount  involved  is  large,  and  in  criminal 
cases  of  the  graver  character.  Next  come  the  superior 
courts,  called  also  circuit  or  district  courts,  which  hear 
appeals  from  the  lower  courts  and  have  original  jurisdiction 
of  the  most  general  character  in  both  civil  and  criminal 
cases.  The  highest  court  in  the  state  is  usually  the  supreme 
court.  In  most  of  the  states  its  jurisdiction  is  only  appel- 
late, though  in  a  few  of  the  older  states  it  has  original 
jurisdiction  as  well.  In  five  of  the  states  (New  York, 
New  Jersey,  Louisiana,  Kentucky,  and  Illinois)  there  are 
courts  higher  than  the  supreme  court,  called  courts  of 
appeal. 

Special  Courts.  In  addition  to  these,  some  of  the  states 
provide  special  courts  for  the  trial  of  cases  in  equity  (cases 
arising  out  of  grievances  for  which  the  common  law  fur- 
nishes no  remedy).  Usually,  howe\er,  instead  of  provid- 
ing special  courts,  the  states  have  given  jurisdiction  over 
such  cases  to  one  or  more  of  the  regular  courts.  Much 
more  general  is  the  special  probate  court,  whose  business 
it  is  to  see  to  the  disposition  of  the  property  of  deceased 
persons.  In  many  states,  however,  this  function  is  also 
performed  by  the  ordinary  courts. 


394     ACTUAL   GOVERNMENT  OF  NEW  YORK 

Judges.  The  judges  of  most  of  the  state  courts,  both 
higher  and  lower,  are  elected,  those  of  the  supreme  court 
usually  by  the  people  of  the  state  at  large  ;  those  of  circuit, 
county,  municipal,  and  other  courts,  by  the  electors  of  the 
area  in  which  they  serve.  In  some  states,  however,  the 
higher  judges  are  chosen  by  the  legislature  ;  in  a  few  others 
they  are  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  senate,  and  in  three  of  the  New  England 
states  they  are  appointed  by  the  governor  and  council. 

The  Term  of  Office  varies  from  two  years  to  tenure  dur- 
ing good  behavior.  In  general  the  higher  judges  hold 
office  for  longer  terms  than  do  the  lower  ones.  Justices 
of  the  peace  are  usually  elected  for  two  or  four  years,  cir- 
cuit judges  for  four  or  six  years,  supreme  judges  for  eight 
or  ten.  Most  of  the  states  impose  an  age  and  residence 
qualification  upon  candidates  for  judgeships,  and  some 
require  tests  of  legal  fitness  also. 

State  Finances.  The  state  government,  like  the  national 
government,  cannot  exist  without  money.  The  power  to 
tax  the  people  of  the  state  is  therefore  vested  in  every 
state  legislature.  "  Although  the  budget  of  the  state  is 
not  large  in  proportion  to  the  wealth  of  its  inhabitants," 
a  considerable  revenue  is  required,  not  only  to  pay  the 
officers  and  the  militia  but  to  sustain  the  various  enter- 
prises in  which  the  state  is  interested,  such  as  asylums  and 
institutions  for  the  unfortunate,  schools,  canals,  and  the 
like.  If  the  state  is  in  debt,  some  of  this  revenue  goes 
toward  paying  the  principal  and  interest. 

Taxes.  State  taxes  usually  take  the  form  of  direct  taxes 
on  real  estate  and  personal  property,  or  in  some  cases  on 
collateral  inheritances.  A  few  states  impose  a  poll  tax, 
which  is  often  a  prerequisite  for  voting.  Almost  every 
state  in  addition  imposes  certain  indirect  taxes.     Such  are 


STATE    GOVERNMENTS  395 

the  taxes  on  particular  trades  or  occupations,  which  some- 
times take  the  form  of  license  taxes ;  or  the  taxes  on  fran- 
chises, that  is,  the  right  to  operate  railroads,  etc. ;  or, 
again,  taxes  on  railroad  stock. 

Exemptions.  Certain  properties  are  exempt  from  taxa- 
tion. Among  these  are  public  buildings,  since  they  are 
used  for  public  purposes,  and  it  is  for  such  purposes  that 
taxation  is  levied ;  institutions  or  societies  for  the  improve- 
ment of  the  people,  such  as  schools,  churches,  charitable 
institutions,  and  agricultural  societies ;  the  necessary  im- 
plements of  the  farmer  or  mechanic ;  and  United  States 
securities.  In  some  states,  possibly  with  the  idea  of  en- 
couraging thrift  and  industry,  the  law  exempts  deposits  in 
savings  banks  from  taxation. 

Assessment.  The  first  step  toward  raising  revenue  by 
direct  taxation  is  assessment.  Certain  local  officers,  known 
as  appraisers  or  assessors,  chosen  by  the  local  governments 
but  acting  under  state  laws,  ascertain  the  value  of  the  real 
estate  and  personal  property  of  the  various  localities.  As 
the  contribution  of  the  communities  is  based  on  this  valua- 
tion, it  is  to  their  interest  to  put  it  as  low  as  possible,  and 
thus  to  avoid  their  share  of  the  state  burdens.  To  correct 
abuses  of  this  sort,  many  states  have  a  state  board  of  equal- 
ization, whose  duty  it  is  to  see  that  the  taxable  property  of 
the  localities  is  equally  and  fairly  valued.  Their  work  is 
sometimes  supplemented  by  similar  county  boards.  Many 
states  have  also  taken  the  assessment  of  certain  sorts  of 
widely  diffused  property  (such  as  railways,  telegraph  and 
telephone  lines)  out  of  the  hands  of  the  local  assessors,  and 
have  established  boards  of  state  assessors  to  deal  with  them. 

Apportionment  and  Collection.  When  the  state  has  de- 
termined the  amount  to  be  raised,  it  is  apportioned  through- 
out the  state  according  to  the  amount  of  taxable  property  as 


396   ACTUAL  GOVERNMENT  OF  NEW  YORK 

determined  by  the  returns  received  from  the  assessors.  The 
amount  to  be  raised  is  divided  by  the  amount  of  taxable 
property,  and  the  per  cent  obtained  constitutes  the  state 
tax  rate.  With  the  valuation  of  the  county  property  be- 
fore them,  it  is  easy  for  the  county  officials  to  ascertain  in  a 
similar  manner  the  county  rate,  and  the  town  officers  the 
town  rate.  State,  county,  and  town  taxes  are  usually 
paid  in  one  sum.  When  the  collector  receives  the  taxes, 
the  town  officers  retain  the  part  raised  for  town  purposes 
and  send  the  remainder  to  the  proper  county  officers,  who 
similarly  retain  the  county  taxes  and  remit  the  rest  to  the 
state  authorities.  Indirect  taxes  are  usually  paid  directly 
to  state  officials. 

Restrictions  upon  Taxing  Power.  Various  restrictions 
have  been  imposed  upon  the  states  by  their  constitutions 
in  this  matter  of  raising  and  spending  money.  "  Taught 
by  sad  experience  of  reckless  legislatures,"  the  people 
limit  the  amount  that  may  be  raised  annually  by  taxation. 
Sometimes  this  limitation  takes  the  form  of  a  require- 
ment that  the  sum  raised  shall  be  no  more  than  sufficient 
to  meet  current  needs.  In  their  fear  of  state  indebted- 
ness they  have  limited  the  amount  that  may  be  borrowed, 
sometimes  to  an  absolute  sum,  sometimes  to  a  certain 
percentage  of  the  assessed  valuation  of  the  taxable  prop- 
erty. They  have  besides  forbidden  the  state  to  contract 
debts  without  immediately  providing  a  sinking  fund  to 
discharge  the  obligation.  Similar  restrictions  also  exist 
to  prevent  indiscriminate  borrowing  on  the  part  of  the 
local  governments  under  state  jurisdiction. 

Education.  One  of  the  most  important  functions  in- 
trusted to  the  state  governments  is  the  maintenance  and 
control  of  the  public-school  system.  In  this  work  of  edu- 
cating the  masses  —  a  work  so  important  under  a  republican 


STATE    GOVERNMENTS  397 

form  of  government  —  the  national  government,  by  exten- 
sive land  grants,  has  aided  the  states  most  liberally ;  but  it 
has  left  the  control  of  the  public  schools,  both  elementary 
and  higher,  to  the  states. 

The  School  System.  The  earliest  public  schools  were 
organized  not  by  the  states  but  by  the  localities  that  de- 
sired them,  and  they  formed  no  part  of  any  system.  Gradu- 
ally, however,  as  the  need  for  better  organization,  better 
instruction,  and  greater  uniformity  became  apparent,  the 
states  began  to  regulate  public  education  by  law.  At  first 
there  were  no  state  school  officials,  and  the  attempt  at 
state  control  was  to  a  great  extent  ineffective.  Now,  how- 
ever, the  schools  are  everywhere  completely  regulated 
by  state  law,  though  the  law  is  still  administered  for  the 
most  part  by  local  officers.  In  each  state  the  law  deter- 
mines, among  other  things,  what  shall  be  the  administrative 
unit  for  the  school  system,  county,  town,  or  district; 
prescribes  a  minimum  list  of  subjects  to  be  taught ;  fixes  a 
minimum  school  year ;  and  lays  down  the  requirements 
which  must  be  met  by  the  teachers  of  the  state. 

Various  Grades  of  Schools  are  maintained  by  all  the 
states.  The  common  schools  (sometimes  called  district 
schools)  and  graded  schools  furnish  facilities  to  everyone 
desiring  an  elementary  education.  High  schools  and  acade- 
mies give  instruction  in  the  academic  branches  and  prepare 
for  college,  while  a  higher  education  is  to  be  obtained  in 
colleges  and  universities,  many  of  which  are  supported 
wholly  or  in  part  by  state  funds.  Most  of  the  states  of  the 
West  maintain  at  least  one  state  university  in  which  tuition 
is  free  to  its  citizens.  Many  states  have  also  established 
technical  and  agricultural  schools  and  colleges  for  the  pur- 
pose of  increasing  the  industrial  efficiency  of  their  citizens. 
The  states  also  endeavor  to  secure  the  best  instruction 


398     ACTUAL   GOVERNMENT  OF  NEW  YORK 

possible  by  creating  normal  schools  for  the  training  of  teach- 
ers and  by  fixing  tests  for  candidates  for  positions  as  teachers. 

State  Administration  of  Schools.  In  nearly  every  state 
in  the  Union  the  educational  system  is  under  the  general 
supervision  of  a  state  board  of  education  or  a  state  superin- 
tendent, or  both.  These  officials  are  chosen  in  various 
ways  in  the  different  states,  though  the  boards  are  perhaps 
more  frequently  appointed  by  the  governor  or  legislature, 
the  superintendents  more  often  elected  by  the  people.  It 
is  the  business  of  these  officials  to  interpret  and  enforce 
the  school  laws ;  to  care  for  the  state  school  funds ;  to 
attend  to  the  examination  of  teachers,  except  where  that 
duty  has  been  intrusted  to  county  boards ;  and  in  some 
cases  to  select  the  textbooks.  It  is  their  duty  also  to 
study  educational  methods  and  to  keep  themselves  gen- 
erally informed  in  educational  matters,  with  a  view  to  im- 
proving as  rapidly  as  possible  the  schools  of  their  state. 

Local  Administration  of  Schools.  Below  these  state 
officials  there  are  usually  county  boards  of  education 
and  county  commissioners  or  superintendents.  The  ex- 
amination of  teachers  is  usually  conducted  by  these  boards 
under  state  law.  The  county  commissioners  or  superin- 
tendents are  charged  with  the  duty  of  visiting  and  inspect- 
ing the  schools  and  distributing  the  school  funds  among 
them.  In  the  rural  sections  school  law  is  administered  by 
officers,  usually  called  trustees,  chosen  for  a  term  of  three 
years  by  the  people  of  either  the  school  district  or  the  town- 
ship. Cities  have,  under  state  laws  of  course,  their  own 
separate  school  systems,  administered  by  their  own  boards 
of  education  and  city  superintendents. 

Compulsory  Education.  Many  states  regard  an  elemen- 
tary education  as  a  matter  so  important  and  so  closely 
connected  with  the  stability  of  republican  institutions  that 


STATE   GOVERNMENTS  399 

they  have  enacted  laws  compelling  the  attendance  of  all 
children  between  certain  ages  for  a  certain  length  of  time 
each  year. 

Importance  of  State  Government.  As  indicated  above, 
the  federal  government  left  to  the  states  all  those  powers 
not  delegated  by  them  to  the  nation  nor  forbidden  by  the 
Constitution  to  the  states.  How  vital,  then,  are  the  issues 
at  stake  in  our  state  elections !  President  Garfield  said : 
"  The  state  government  touches  the  citizen  and  his  interests 
twenty  times  where  the  national  government  touches  him 
once.  For  the  peace  of  our  streets  and  the  health  of  our 
cities ;  for  the  administration  of  justice  in  nearly  all  that 
relates  to  the  security  of  person  and  property  and  the 
punishment  of  crime ;  for  the  education  of  our  children  and 
the  care  of  unfortunate  and  dependent  citizens ;  for  the 
collection  and  assessment  of  much  the  larger  portion  of 
our  direct  taxes,  and  for  the  proper  expenditure  of  the 
same  —  for  all  this,  and  much  more,  we  depend  upon  the 
honesty  and  wisdom  of  our  general  assembly  (of  Ohio) 
and  not  upon  the  Congress  at  Washington."  When  it  is 
remembered  further  that  all  the  important  reforms  that 
have  agitated  the  people  of  England  during  the  last  cen- 
tury, with  the  possible  exception  of  the  corn  laws  and  the 
abolition  of  slavery,  would  have  been  proper  objects  for 
our  state  rather  than  our  national  government,  the  relative 
importance  of  good  management  in  state  affairs  becomes 
apparent. 

Initiative  and  Referendum.  As  a  check  upon  state  legis- 
latures, resort  is  had  to  the  initiative  and  referendum.  By 
"  initiative  "  is  meant  the  right  of  the  people  to  propose  a  law 
to  the  legislature,  and  by  "  referendum  "  is  meant  that  before 
an  act  passed  by  the  legislature  becomes  a  law,  it  shall  first 
be  submitted  to  the  people  and  decided  by  popular  vote. 


400      ACTUAL   GOVERNMENT  OF   NEW  YORK 

Amendments  to  the  state  constitution,  and  public  improve- 
ments involving  large  expenditure  of  public  funds,  have 
generally  been  submitted  to  popular  vote.  The  principle 
of  the  referendum  has,  in  various  ways,  been  recognized 
from  the  early  beginnings  of  government  in  this  country. 
The  principle  is  further  recognized  in  referring  such  ques- 
tions as  local  option,  municipal  ownership,  the  incorpora- 
tion of  villages  and  cities,  and  similar  questions  to  the 
people  to  decide  at  the  polls.  South  Dakota,  Oregon,  and 
Oklahoma  provide  in  their  state  constitutions  or  by  statute 
for  a  system  of  direct  legislation  by  this  means.  The 
tendency  of  modern  times  is  in  the  direction  of  the  initiative 
and  the  referendum,  and  toward  direct-primary  nominations 
for  all  public  offices.  A  majority  of  the  states  now  have 
primary-election  laws. 

Library  References.  Macy,  chaps,  viii-xi,  xiii;  Macy,  First 
Lessons,  chaps,  iii-xv,  xxiv,  xxviii ;  Dawes,  chaps,  xiii-xiv ;  Fiske, 
pp.  173-188;  Hinsdale,  chaps,  xliv-liv ;  Bryce,  Vol.  I,  chaps,  xxxvi- 
xlv;  Wilson,  §§  885-994;  Dole,  chaps,  xv-xvii,  xix;  Lalor,  Article 
on  Constitutional  and  Legal  Diversities  in  States;  Woodburn,  chap.  vii. 

QUESTIONS   ON  THE  TEXT 

1.  In  some  states  women,  aliens,  infamous  criminals,  idiots, 
minors,  and  lunatics  are  excluded  from  voting.  Give  reasons  for 
or  against  the  exclusion  in  each  case. 

2.  Should  paupers  be  allowed  to  vote  ?     Give  reasons. 

3.  Give  a  reason  for  the  law  requiring  registration  of  voters. 

4.  Give  one  reason  why  a  legislature  should  consist  of  two 
bodies. 

5.  Give  arguments  for  or  against  biennial  sessions  of  the 
state  legislature. 

6.  What  is  the  capital  of  a  state  and  why  so  called? 


STATE   GOVERNMENTS  401 

7.  Describe  the  process  of  assessing  property  for  the  purpose 
of  taxation,  and  show  how  the  amount  of  money  to  be  raised  by 
each  town  is  fixed. 

8.  Mention  three  kinds  of  property  that  are  usually  exempt 
from  taxation,  giving  reasons.  Why  has  the  state  the  right  to 
impose  taxes  ? 

9.  What  is  meant  in  general  by  a  compulsory-education 
law  ?     Why  is  such  a  law  desirable  ? 

10.  May  a  state  levy  and  collect  an  income  tax? 

11.  What  government  touches  the  individual  most  frequently 
—  city,  state,  or  national  ?     Why  ? 

12.  Mention  the  different  state  courts.     What  is  a  police 
court  ? 

13.  Under   what   circumstances   may   cases   be    transferred 
from  state  to  federal  courts  ? 

14.  If  legislation  on  any  subject  is  desired  by  citizens  of  the 
state,  how  is  the  attention  of  the  legislature  secured  ? 


CHAPTER  XXX 
COMPARISON   OF   NATIONAL   GOVERNMENTS 

Other  Governments :  their  Relation.  After  we  have 
completed  our  study  of  the  local,  state,  and  national  govern- 
ment, there  still  remains  for  us  to  learn  how  other  nations 
are  governed  and  how  we  are  affected  by  the  relations  of 
our  government  with  other  governments.  This  relation  is 
regulated  by  international  law.  It  consists  of  a  body  of 
usages,  customs,  maxims,  and  institutions  of  long  standing, 
denning  the  duties  and  responsibilities  of  nations  in  their 
relation  under  certain  conditions,  but  which  no  nation  is 
bound  to  observe  and  yet  whose  violation  would  be  con- 
sidered as  very  bad  form  and  might  lead  to  armed  inter- 
ference. When  international  law  is  violated  by  individuals 
in  the  United  States,  they  may  be  punished  by  due  process 
of  municipal  law.  Treaties  (agreements)  made  between 
nations  are  binding  upon  the  nations  mentioned  in  the 
treaties.  To  facilitate  communication  between  nations,  re- 
course is  had  to  diplomatic  agents  (representatives  of  one 
country  residing  in  another).  Matters  of  dispute  may  be 
settled  by  arbitration,  embargo,  reprisal,  and  retortion 
before  resort  to  war  is  had.  When  war  is  declared,  notice 
of  some  kind  indicating  the  change  in  feeling  must  be  made 
in  order  that  the  subjects  of  the  two  nations  involved  and 
the  subjects  of  neutrals  may  know  that  a  state  of  war 
exists  and  in  order  that  they  may  observe  the  rules  of  in- 
ternational law  in  all  matters  relating  to  the  combatants. 

402 


4°3 


404  ACTUAL  GOVERNMENT  OF  NEW  YORK 

For  a  full  discussion  of  international  law,  see  School  Civics, 
Chapter  XXII. 

England's  Constitution.  The  government  of  Great 
Britain  is  a  limited  constitutional  monarchy;  that  is,  it 
has  a  constitution  which  defines  the  rights  and  privileges  of 
the  people  and  the  crown.  This  constitution  is  largely 
unwritten,  and  what  is  written  is  not  contained  in  a 
single  document,  as  is  the  constitution  of  the  United  States. 
The  written  part  is  scattered  through  acts  of  Parliament 
and  solemn  agreements  extending  through  the  Middle 
Ages  to  the  present  time.  The  unwritten  part  consists 
of  customs,  maxims,  usages,  and  institutions  of  long 
standing,  which  have  come  to  have  the  force  of  written 
law.  Thus  the  British  constitution  is  an  evolution  which 
changes  to  meet  changing  conditions  extending  over  many 
centuries. 

England's  Legislature.  The  legislative  department  of 
the  British  government  is  called  Parliament  and  is  com- 
posed of  two  houses,  the  House  of  Commons  and  the  House 
of  Lords.  The  members  of  the  House  of  Commons  are 
chosen  by  universal  suffrage  by  secret  ballot  for  a  term  of 
five  years.  The  members  of  the  House  of  Lords  hold 
their  seats  in  four  ways  :  by  right  of  inheritance,  by  royal 
appointment,  by  right  of  ecclesiastical  office,  and  by  elec- 
tion. The  parliament  act  of  191 1,  by  limiting  the  legislative 
powers  of  the  House  of  Lords,  greatly  increased  those  of  the 
House  of  Commons.  The  English  constitution  places  no 
legal  limitations  upon  the  power  of  Parliament.  Parliament 
is  therefore  England,  so  far  as  its  legal  powers  are  concerned 
(see  p.  196).  A  quorum  (for  Congress,  see  p.  222)  neces- 
sary to  do  business  is  fixed  at  forty  of  the  670  members  of 
the  House  of  Commons  and  three  of  the  642  members 
of  the  House  of  Lords. 


COMPARISON  OF  NATIONAL   GOVERNMENTS     405 

England's  Executive.  The  executive  power  is,  nominally 
at  least,  the  crown.  Besides  executing  the  fundamental 
laws  as  expressed  in  the  constitution,  the  laws  passed  by- 
Parliament,  and  the  decision  of  the  courts,  the  crown  may 
do  anything  which  it  is  not  forbidden  by  Parliament. 
Briefly  summarized,  the  executive  powers  of  the  crown  in- 
clude the  declaration  of  war,  the  negotiation  of  treaties,  the 
appointment  and  reception  of  diplomatic  officers,  and  the 
issuing  of  passports.  The  command  of  the  army  and  navy, 
the  promulgation  of  rules  for  the  government  and  dispo- 
sition of  the  forces,  the  appointment  of  all  civil  and  military 
officers  and  their  removal,  the  appointment  of  the  clerical 
officers  of  the  Church  of  England,  and  the  granting  of  par- 
dons are  in  theory  intrusted  to  the  crown.  The  legislative 
powers  of  the  crown  may  be  summarized  as  the  authority 
to  summon,  open,  or  prorogue  (that  is,  dismiss)  Parlia- 
ment upon  the  advice  of  the  prime  minister.  Dissolution 
puts  an  end  to  the  House  of  Commons,  but  it  does  not 
affect  the  House  of  Lords  except  to  terminate  the  sitting 
of  the  Scottish  peers,  who  are  elected  for  the  term  of  Par- 
liament. To  these  legislative  duties  may  be  added  the 
legal  right  of  the  crown  to  veto  the  measures  of  Parliament 
—  a  right,  however,  which  has  not  been  exercised  since 
1707,  and  the  adoption  of  the  cabinet  system  makes 
further  resort  to  it  by  the  crown  unnecessary. 

English  Cabinet.  The  actual  administration  of  the 
British  government  is  through  the  agency  of  the  cabinet 
selected  from  the  members  of  Parliament  of  the  political 
party  which  has  a  majority  in  the  House  of  Commons.  When 
a  cabinet  is  to  be  formed,  the  crown  sends  for  the  acknowl- 
edged leader  of  the  majority  party  in  the  House  of  Com- 
mons, asks  him  to  accept  the  premiership,  and  intrusts  him 
with  the  selection  of  his  colleagues.     The  prime  minister 


406  ACTUAL  GOVERNMENT  OF  NEW  YORK 

selects  his  associates  and  recommends  them  to  the  crown, 
who  appoints  and  commissions  them.  Those  selected  may 
be  members  of  either  house,  but  those  who  are  members  of 
the  House  of  Commons  must  resign  their  seats  and  secure 
the  approval  of  their  constituents  by  reelection.  Thus  the 
people  of  their  districts  are  consulted  in  the  formation  of 
the  cabinet.  The  members  of  the  cabinet  have  seats  in  Par- 
liament and  take  active  part  in  all  legislative  matters ;  they 
initiate  public  legislation  and  assume  leadership  in  debate. 
If  they  are  defeated  on  any  important  government  measure, 
or  if  the  House  votes  lack  of  confidence  in  their  leadership, 
they  may  resign,  and  another  ministry  must  then  be  formed 
by  the  new  majority  thus  indicated.  If,  however,  the  de- 
feated cabinet  think  they  still  represent  the  will  of  the 
people,  they  can  ask  the  crown  to  dissolve  the  House  of 
Commons  and  order  a  new  election,  thus  bringing  the  ques- 
tion squarely  before  the  individual  voter,  whose  chosen 
representatives  take  their  seats  immediately  instead  of  a 
year  from  the  next  December  after  election,  as  in  the 
case  of  Congress  (see  p.  221).  If  the  result  of  the  election 
is  against  the  cabinet,  they  must  resign.  In  addition  to 
their  legislative  duties,  the  ministers  act  as  heads  of  the 
various  administrative  departments. 

England's  Judicial  System.  The  judicial  system  of  Eng- 
land consists  of  (a)  the  House  of  Lords,  which  acts  both  as 
a  criminal  court  for  the  trial  of  peers  and  as  a  general  court 
of  impeachment,  and  is  the  highest  court  of  the  kingdom ; 
(b)  the  judicial  committee  of  the  privy  council,  which  is  a 
court  of  last  resort  for  India,  the  colonies,  the  Isle  of  Man, 
the  Channel  Isles,  and  the  vice-admiralty  courts  abroad, 
its  personnel  being  substantially  the  same  as  that  of  the 
House  when  sitting  as  highest  court  of  appeals;  (c)  the 
general  courts  of  the  kingdom,  which  are  the  High  Court  of 


COMPARISON    OF  NATIONAL   GOVERNMENTS    407 

Justice  and  the  Court  of  Appeals.  The  former  consists  of 
three  sections,  known  as  the  chancery  division  of  six  judges, 
the  king's  bench  division  of  fifteen  judges,  and  the  probate, 
divorce,  and  admiralty  division  of  two  judges.  The  principal 
criminal  courts  are  the  petty  session  and  quarter  sessions, 
assize  courts,  and  the  central  criminal  court.  England's 
local  government  is  one  of  great  and  varied  complexity, 
incapable  of  brief  explanation. 

Germany.1  The  government  of  Germany  at  this  time 
(19 19)  is  undergoing  changes  somewhat  revolutionary  in 
character.  Before  Germany  precipitated  the  World  War  in 
19 1 4,  for  which  she  had  planned  and  prepared,  the  govern- 
ment was  supposed  to  have  been  a  constitutional  monarchy. 
The  World  War,  however,  revealed  the  fact  that  the  gov- 
ernment was  an  absolute  military  despotism  buttressed  by  an 
elaborately  worked  out  spy  system  upon  the  rest  of  mankind 
with  foreign  headquarters  in  German  embassies  in  other 
countries.  The  German  government  was  worked  out  on 
the  theory  that  might  makes  right,  that  the  state  can  do 
no  wrong,  is  bound  by  no  terms  of  any  agreement,  and  is 
responsible  to  no  earthly  power ;  it  controlled  the  avenues 
of  public  education,  thought,  and  entertainment  and  made 
a  mind  as  scientific  and  material  as  the  goods  which  bore 
its  trade-mark,  "  Made  in  Germany  "  ;  political,  professional, 
business,  and  social  advancement  depended  very  largely  upon 
the  unquestioning  and  unthinking  support  of  the  government 
at  all  times. 

Germany's  Legislature.  Before  the  World  War,  Ger- 
many had  a  written  constitution.  It  provided  for  a  federal 
legislature  of  two  houses,  the  Reichstag  of  397  members 
(resembling  the  British  House  of  Commons  or  our  House  of 

1  Ambassador  James  W.  Gerard's  My  Four  Years  in  Germany ;  also  his 
Face  to  Face  with  Kaiserism. 


4oS   ACTUAL  GOVERNMENT  OF  NEW  YORK 

Representatives)  and  the  Bundesrat  of  61  members.  Elec- 
tion to  the  Reichstag  was  by  secret  ballot  by  universal  male 
suffrage,  but  Prussia  had  236  members  by  constitutional  right 
and  was  therefore  absolutely  in  control.  Prussia  had  17 
members  in  the  Bundesrat,  with  a  controlling  influence  over 
many  others,  and  a  casting  vote  in  case  of  a  tie.  In  other 
words,  Prussia  controlled  Germany  absolutely  through  its 
legislative  branch,  and  only  such  measures  as  she  approved 
could  be  enacted  into  law. 

Germany's  Executive.  The  kaiser,  or  German  emperor, 
was  the  executive,  and  his  power  to  act  was  practically  abso- 
lute. He  was  "  irresponsible  "  ;  that  is,  he  was  not  responsible 
to  any  earthly  power,  basing  his  right  to  rule  upon  divine 
authority.  Between  him  and  the  people  was  his  appointed  im- 
perial chancellor  responsible  only  to  him.  The  emperor  had 
full  authority  to  declare  war,  make  peace,  negotiate  treaties, 
and  appoint  ambassadors  and  other  public  officials  represent- 
ing the  imperial  government,  and  was  commander  in  chief 
of  the  army  and  navy.  If  the  legislative  body  refused  to 
approve  of  the  policy  of  the  emperor  as  stated  through  the 
chancellor  and  voted  a  censure  against  the  chancellor,  he 
did  not  resign  and  cared  little  for  it,  while  a  vote  of  censure 
against  the  British  Cabinet  by  Parliament  would  cause  all  to 
resign  and  a  new  election  of  the  people  to  be  held. 

Germany's  Judicial  System.  There  were  four  grades  of 
courts,  the  lowest  being  the  district  court  for  the  trial  of 
petty,  civil,  and  criminal  cases.  This  court  was  presided  over 
by  a  single  judge  in  the  trial  of  civil  cases,  who  had  asso- 
ciated with  him  two  laymen  for  the  trial  of  criminal  cases. 
Next  above  the  district  courts  were  the  territorial  courts, 
divided  into  civil  and  criminal  chambers,  with  appellate  juris- 
diction from  the  lower  courts  and  original  jurisdiction  over 
larger  civil  and  graver  criminal  cases.     The  next  highest 


COMPARISON    OF   NATIONAL    GOVERNMENTS     409 

courts  were  the  superior  courts,  likewise  divided  into  civil  and 
criminal  chambers,  with  appellate  jurisdiction  only.  Stand- 
ing at  the  top  of  the  judicial  system  was  the  imperial  court, 
which  had  its  seat  at  Leipzig  in  Saxony.  It  was  composed  of 
four  criminal  and  six  civil  senates,  with  an  aggregate  mem- 
bership of  over  ninety.  These  judges  were  appointed  by 
the  emperor  with  the  consent  of  the  federal  council.  Their 
tenure  was  for  life,  and  they  could  not  be  removed  by  any 
authority  except  that  of  the  court  itself  as  a  matter  of  disci- 
pline. It  had  appellate  jurisdiction  over  civil  cases  brought 
to  it  from  the  superior  and  consular  courts.  The  criminal 
jurisdiction  of  the  imperial  court  extended  in  first  and  last 
instances  to  all  cases  of  high  treason  against  the  emperor 
or  the  empire,  and  to  appeal  in  certain  cases  from  the  terri- 
torial and  jury  courts.  The  position  of  the  judiciary  was 
one  of  absolute  independence.  The  judges  could  not  be 
removed,  transferred,  or  retired  against  their  will.  Local 
government  in  Germany  may  be  said  to  have  consisted  of 
such  supervisory  service  as  was  necessary  to  insure  the  strict 
enforcement  of  imperial  law  by  state  authority. 

French  Government.  The  government  of  France  may 
be  characterized  as  a  centralized  parliamentary  republic.  It 
has  a  written  constitution  outlining  in  a  general  way  the 
framework  of  government.  The  numerous  limitations  upon 
the  government  in  regard  to  individual  liberty,  so  noticeable 
in  the  Constitution  of  the  United  States,  are  wholly  lack- 
ing in  the  French  constitution,  which  is  one  of  government 
rather  than  of  liberty.  It  is  short  and  concise,  leaving  to  the 
ordinary  processes  of  legislation  most  matters  of  detail. 

The  French  National  Legislature.  This  body  consists  of 
two  houses,  the  Chamber  of  Deputies  and  the  Senate. 
To  the  Chamber  of  Deputies  belongs  the  exclusive  power 
to  originate  revenue  measures  ;  otherwise  the  two  chambers 


410      ACTUAL  GOVERNMENT  OF   NEW  YORK 

are  substantially  equal  in  matters  of  legislation.  The 
members  of  the  Chamber  of  Deputies  are  chosen  by  univer- 
sal male  suffrage  by  districts  just  as  representatives  of 
Congress  are  chosen.  Their  term  of  service  is  fixed  at  four 
years.  As  to  the  composition  and  organization  of  the  Sen- 
ate, the  constitution  makes  no  provision  and  but  scant 
reference  to  its  powers.  France  is  divided  into  adminis- 
trative departments,  each  department  subdivided  into  dis- 
tricts containing  approximately  the  same  population.  The 
number  of  districts  within  an  administrative  department 
constitutes  an  electoral  college,  and  these  various  electoral 
colleges  choose  the  members  of  the  Senate.  Senators  are 
apportioned  among  the  several  departments  according  to 
population.  The  term  of  office  for  senators  is  fixed  at  nine 
years.  The  constitution  provides  that  the  terms  of  one 
third  of  the  number  of  senators  shall  expire  every  three 
years.  Like  members  of  Congress,  they  enjoy  certain  im- 
munities while  in  the  discharge  of  their  duties  as  legislators. 
Measures  duly  passed  by  both  chambers  are  sent  to  the 
president  for  his  approval,  but  he  has  neither  an  absolute 
nor  a  qualified  veto.  He  may,  however,  demand  a  recon- 
sideration of  the  measure,  and,  if  passed  by  a  majority  of  both 
houses,  it  becomes  a  law  notwithstanding  his  objections. 

The  French  Executive.  The  French  chief  executive  is 
called  a  president  and  is  not  elected  by  popular  vote  but 
is  chosen  by  majority  vote  of  a  body  composed  of  the  mem- 
bers of  the  two  chambers  of  the  legislature.  The  president's 
term  is  fixed  at  seven  years,  and  he  is  eligible  for  reelection. 
No  person  who  is  a  member  of  any  family  that  has  reigned 
in  France  is  eligible.  The  president's  executive  powers 
include  the  negotiating  of  treaties,  the  appointment  and 
reception  of  ambassadors  and  ministers,  and  the  power  to 
wage  war.      In  addition  to  the  legislative  power  above 


©  Enrique  Muller 

Soldiers  in  Camp,   receiving   Instruction  in  the  Use  of 
the  Rifle  (above).    The  Battleship  Pennsylvania  (below) 


411 


412   ACTUAL  GOVERNMENT  OF  NEW  YORK 

referred  to,  the  president  may  prorogue  parliament  and  in- 
itiate legislative  measures.  He  has  almost  unlimited  power 
of  appointment  and  supervision  of  administrative  officers, 
and  also  extensive  ordinance  powers  where  the  legislature 
has  not  made  proper  provision,  and  directs  the  work  of 
the  army  and  navy.  He  may  also  grant  pardons,  com- 
mute penalties,  and  issue  reprieves.  In  exercising  the 
above  powers  the  president  acts  through  his  ministers,  who 
are  collectively  responsible  to  the  legislature  for  the  general 
policy  of  the  administration  and  individually  responsible  for 
their  own  personal  acts,  thus  relieving  the  president  of  all 
responsibility,  although  they  are  discharging  his  orders  —  a 
relation  similar  to  that  existing  between  the  emperor  and 
chancellor  in  the  German  government.  The  ministers  are 
appointed  by  the  president  and  serve  during  his  pleasure, 
in  theory ;  in  practice,  however,  they  are  appointed  by  the 
leader  of  the  Chamber  of  Deputies.  Like  the  members  of 
the  British  cabinet,  the  ministers  are  selected  from  the  mem- 
bers of  parliament  usually,  and  in  any  event  are  entitled  to 
seats  in  the  chambers,  and  must  be  heard  whenever  they 
desire  to  speak.  They  are  the  heads  of  the  several  ad- 
ministrative departments  of  the  general  government,  and 
are  the  leaders  of  the  majority  in  the  legislature. 

The  French  Judicial  System.  The  French  judicial 
system  is  purely  statutory,  the  only  constitutional  provi- 
sion being  that  which  relates  to  the  Senate  as  an  extraordi- 
nary court  for  specified  cases.  Of  the  system  of  courts, 
the  highest  is  the  Court  of  Cassation.  Next  below  this 
are  the  courts  of  appeal,  which  hear  cases  from  the  courts 
of  first  instance,  while  these  in  turn  hear  appeals  from 
decisions  of  the  justices  of  the  peace.  These  smaller 
courts  try  civil  cases  and  act  as  police  judges  for  the  trial 
of   petty   offenses.     There   are   numerous   special   courts. 


COMPARISON  OF   NATIONAL   GOVERNMENTS     413 

The  ordinary  civil  courts  are  without  juries,  the  judges 
alone  deciding  the  question  of  fact  as  well  as  of  law.  The 
judges  are  appointed  by  the  president,  and  their  tenure, 
except  that  of  justices  of  the  peace,  is  during  good  behavior. 
They  can  be  removed  only  by  the  Court  of  Cassation.  In 
the  government  of  local  affairs  France  differs  from  the 
English  and  American  governments  in  that  the  organs  of 
local  government  are  not  general  authorities  of  enumerated 
powers,  no  attempt  being  made  at  specification.  To  pre- 
vent local  administrative  units  from  misusing  such  wide 
powers,  there  has  been  introduced  a  method  of  central  ad- 
ministrative control,  which  is  the  distinguishing  feature  of 
French  government.  Through  these  local  officials  the  cen- 
tral government  administers  matters  of  general  concern. 

Canada's  Constitution.  By  act  of  Parliament  the  various 
provinces  of  British  North  America  were  organized  into  a 
federal  government  in  1867.  A  written  constitution  was 
embodied  in  the  act  and  is  still  in  force.  This  constitution 
differs  from  the  constitution  of  the  United  States  in  that 
all  powers  not  specifically  delegated  to  the  provinces  are 
reserved  to  the  central  government.  The  administration 
of  the  public  debt  and  property ;  the  raising  of  taxes  for 
general  use  ;  providing  for  the  public  defense,  including  the 
militia ;  money,  including  coinage,  paper  money,  promis- 
sory notes,  legal  tender,  and  banking ;  the  regulation 
of  commerce,  shipping,  and  navigation ;  the  coast  and 
postal  service,  the  census,  statistics,  patents,  naturali- 
zation, copyrights,  care  of  the  Indians,  marriage  and 
divorce- — all  are  questions  dealt  with  by  the  central  gov- 
ernment. Delegated  to  the  provinces  are  those  powers 
over  local  taxes,  local  commerce,  the  creation  of  municipal 
corporations,  the  borrowing  of  money  on  the  credit  of 
the   province,    and  various    other    local    questions.      The 


4i4   ACTUAL  GOVERNMENT  OF  NEW  YORK 

provincial  and  federal  governments  also  exercise  concurrent 
powers,  some  of  which  relate  to  immigration  and  agricul- 
ture. Whenever  the  provincial  laws  conflict  with  those  of 
the  federal  government,  the  practice  has  been  to  follow  along 
the  lines  of  federal  legislation. 

Canada's  Legislature.  The  law-making  power  of  the 
Canadian  government  is  vested  in  the  king  of  Great  Brit- 
ain, or  his  representative,  and  the  Dominion  parliament. 
The  Dominion  parliament  is  composed  of  two  houses.  The 
upper  house  is  called  the  Senate  and  the  lower  the  House  of 
Commons.  The  eighty-seven  members  of  the  Senate  are 
appointed  for  life  by  the  governor-general.  They  must  be 
subjects  of  the  king,  thirty  years  of  age,  residents  of  the 
province  which  they  represent  and  in  which  they  own 
property  to  the  value  of  at  least  four  thousand  dollars.  The 
House  of  Commons  consists  of  221  members  elected  for  a 
term  of  five  years  on  the  basis  of  population.  To  establish 
this  basis  it  is  provided  that  the  province  of  Quebec  shall 
always  have  sixty-five  members  and  the  other  provinces  a 
number  bearing  the  same  relation  to  the  population  as  the 
sixty-five  does  to  the  population  of  Quebec.  In  this  manner 
the  number  due  each  province  as  its  population  increases 
is  determined,  the  number  which  represent  Quebec  always 
remaining  at  sixty-five,  regardless  of  the  population.  All 
bills  relating  to  the  raising  of  money  must  originate  in 
the  House  of  Commons,  and  these  cannot  be  amended  by 
the  Senate.     Its  power  of  rejection  entire  is  rarely  used. 

Canada's  Executive.  Canada's  executive  power  is  vested 
in  the  king  of  England,  or  in  his  representative,  the  governor- 
general,  and  a  privy  council  composed  of  a  premier,  fourteen 
heads  of  departments,  and  three  cabinet  ministers.  The 
ministerial  departments  are  those  of  State,  Justice,  Finance, 
Interior,  Customs,  Posts,  Trade  and  Commerce,  Marine  and 


COMPARISON  OF  NATIONAL   GOVERNMENTS     415 

Fisheries,  Railways  and  Canals,  Militia  and  Defense,  Agri- 
culture, Public  Works,  Inland  Revenue,  and  Labor.  The 
governor-general  is  guided  by  his  ministers,  who  are  respon- 
sible to  the  House  of  Commons.  The  executive  may  re- 
serve a  law  for  the  consideration  of  the  home  government 
or  may  disallow  it  altogether.  In  practice,  however,  the 
former  right  is  never  exercised  except  when  the  law  in 
question  affects  the  home  government  in  its  relation  to 
other  foreign  powers,  and  the  latter  is  resorted  to  rarely. 

Canada's  Judicial  System.  The  judicial  branch  of  the 
Dominion  government  consists  of  a  Supreme  Court,  located 
at  Ottawa,  and  an  Exchequer  Court.  The  Supreme  Court 
has  appellate  jurisdiction  in  both  civil  and  criminal  cases, 
and  the  Exchequer  Court  has  admiralty  powers.  There 
are  no  strictly  federal  inferior  courts.  The  federal  govern- 
ment, however,  makes  use  of  the  provincial  courts,  which,  on 
the  other  hand,  are  not  exclusively  provincial  courts.  In 
each  province  there  is  a  superior  court,  also  county  courts, 
police  magistrates,  and  justices  of  the  peace,  with  duties 
much  like  those  in  similar  courts  in  the  United  States. 
The  judges  of  these  superior  and  county  courts  are  ap- 
pointed by  the  governor-general  in  council.  The  federal 
government  likewise  controls  the  penitentiaries. 

Switzerland:  its  Legislature.  The  republic  of  Switzer- 
land is  a  confederation  composed  of  cantons,  or  states, 
and  has  a  written  constitution.  Its  legislature  consists  of  a 
federal  assembly  of  two  houses,  the  National  Council  and 
the  Council  of  the  States.  The  two  houses  hold  separate 
sessions  in  the  legislative  matters  and  joint  sessions  in  the 
exercise  of  certain  electoral  and  judicial  functions.  In 
matters  of  legislation  both  houses  have  equal  authority.  The 
council  of  the  states  is  composed  of  forty-four  members,  two 
from  each  canton,  except  in  three  cantons  which  are  divided, 


416   ACTUAL  GOVERNMENT  OF  NEW  YORK 

each  half  canton  choosing  one  member.  They  are  chosen 
according  to  the  ideas  prevailing  in  each  canton,  specifica- 
tions as  to  qualifications,  compensation,  mode  of  election, 
etc.  being  made  in  the  constitution.  The  result  is  that  the 
greatest  variety  of  provisions  prevails  in  the  different  can- 
tons. The  terms  vary  from  one  to  four  years.  The 
National  Council,  or  popular  chamber,  of  the  legislature  con- 
sists of  members  chosen  by  direct  universal  suffrage  for  a 
term  of  three  years  on  the  basis  of  population.  Both  houses 
choose  their  own  officers.  Their  joint  duties  extend  to  the 
granting  of  pardons  and  to  the  election  of  the  federal 
council,  the  Supreme  Court,  the  chancellor,  and  the  com- 
mander of  the  army.  The  ordinary  legislative  power  of 
the  federal  council  is  very  wide  and  extends  to  many 
subjects  which  in  the  United  States  are  left  to  the  regula- 
tion of  the  separate  states. 

Switzerland:  its  Executive.  The  executive  power  is 
vested  by  the  constitution  in  a  federal  council  of  seven 
members,  elected  for  a  term  of  three  years  by  joint  ballot 
of  both  houses  of  the  federal  legislature.  It  is  the  custom 
to  choose  the  members  of  this  council  from  the  member- 
ship of  the  legislature,  and  to  reelect  them  for  a  long  period 
of  time.  The  work  of  administration  is  divided  into  seven 
departments,  and  one  member  of  the  council  is  put  in 
charge  of  each  department,  but  the  act  of  any  councilor 
in  his  department  is  considered  to  be  the  act  of  the  whole 
council.  The  council  is  organized  under  a  president  and  a 
vice  president,  who  are  members  of  the  council  chosen  by 
the  legislature  for  one  year.  This  council  sustains  a  rela- 
tion to  the  legislature  similar  to  that  of  the  cabinet  in  the 
parliamentary  system  of  government.  As  members  of  the 
legislature,  councilors  take  an  active  part  in  its  deliberation, 
introduce  bills,  enter  into  the  debates,  and  in  various  ways 


COMPARISON  OF  NATIONAL   GOVERNMENTS     417 

exercise  a  great  influence  upon  the  legislative  work.  Their 
administrative  duties  extend  to  controversies  usually  set- 
tled by  special  administrative  courts.  They  have  large 
supervisory  power  over  local  government  in  the  various 
cantons,  especially  in  the  administration  of  federal  law. 
In  addition  to  these  functions  the  council  has  extensive 
powers  usually  exercised  by  a  nation's  executive. 

Switzerland:  its  Judicial  Department.  The  judicial 
power  of  Switzerland  is  vested  in  a  Supreme  Court  consisting 
of  fourteen  judges,  elected  for  a  term  of  six  years  by  the 
federal  assembly,  which  also  designates  a  president  and  a 
vice  president  of  the  court  for  two  years.  The  court  is 
divided  into  three  sections,  each  of  which  holds  a  session  in 
one  of  the  five  judicial  districts  into  which  Switzerland  is 
divided.  The  jurisdiction  of  the  federal  court  extends  to 
conflicts  of  authority  between  the  confederation  and  the 
cantons,  to  disputes  between  cantons,  and  to  complaints  of 
the  violation  of  individual  rights.  It  also  has  jurisdiction 
over  civil  matters  concerning  suits  between  the  confedera- 
tion and  the  Cantons  or  between  the  cantons  themselves,  or 
suits  against  the  confederation  or  between  the  cantons  and 
private  individuals  or  corporations.  Cases  may  be  appealed 
from  the  cantonal  courts  to  the  Supreme  Court  where  the 
amount  exceeds  3000  francs  (about  $600).  Its  criminal 
jurisdiction  extends  to  cases  of  treason,  violations  against 
federal  authorities,  and  offenses  against  the  law  of  nations, 
political  disorder,  etc.  The  local  government  is  largely  in 
the  hands  of  the  canton,  districts,  and  communes.  Each 
canton  has  its  own  constitution,  which  generally  provides 
for  a  legislative  body  of  one  chamber  elected  by  popular 
suffrage  for  a  term  of  three  or  four  years.  It  enacts  laws, 
votes  taxes,  and  otherwise  supervises  the  administration 
of  local  affairs. 


418  ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Unitary  State.  States  maybe  classified  as  (i)  single, 
or  unitary,  states,  (2)  confederations,  and  (3)  federations, 
or  federal  states.  The  single,  or  unitary,  state  is  the  simplest 
form.  In  it  the  national  government  exists  quite  inde- 
pendently of  any  minor  communities  or  governments  that 
may  exist  within  it ;  while  they,  on  the  other  hand,  owe 
to  it  not  only  such  powers  as  they  possess,  but  usually  their 
very  existence.  They  are  mere  subdivisions  of  the  national 
government.  Moreover,  in  this  unitary  form  of  state  the 
general  government  operates  directly  not  only  upon  such 
minor  communities  but  upon  the  individual  citizens.  In 
short,  there  is  in  the  unitary  state  no  suggestion  of  a  division 
of  sovereignty  between  two  governments  —  one  the  national 
government,  the  other  a  subordinate  government  such  as 
our  state  governments.  France  and  Great  Britain  are 
examples  of  unitary  states. 

The  Confederation.  As  to  the  confederation,  it  is  some- 
times questioned  whether  it  can  properly  be  called  a 
state  at  all,  since  it  very  rarely  if  ever  possesses  the  dis- 
tinguishing characteristic  of  the  state,  that  is,  complete 
sovereignty.  It  is  a  union  of  states  for  certain  definite 
purposes,  particularly  the  purpose  of  defense,  generally 
not  very  permanent  in  its  character,  in  which  the  separate 
states  retain  their  independence,  delegating  only  certain 
portions  of  their  authority  to  the  union,  which  acts  merely 
as  their  agent.  Its  members  are  not,  as  in  the  unitary  state, 
separate  individuals,  nor  does  it  deal  directly  with  the  indi- 
vidual. It  has,  as  Mr.  Bryce  says,  "  no  right  of  taxing 
him,  or  judging  him,  or  making  laws  for  him  "  ;  that  power 
belongs  only  to  the  states.  At  the  same  time,  in  its  rela- 
tions with  other  states  the  confederation,  so  long  as  it  exists, 
presents  much  the  same  character  as  the  completely  sover- 
eign   state    and   must   be    dealt   with   by  such  states  in 


COMPARISON  OF   NATIONAL   GOVERNMENTS     419 

practically  the  same  way.  Perhaps  the  most  famous  con- 
federation of  ancient  times  was  the  Delian  Confederacy  in 
Greece.  In  modern  times  there  have  been  several  confed- 
erations of  German  states,  resulting  finally  in  the  formation 
of  the  German  Empire,  which  is  a  federation ;  while  a  still 
more  familiar  instance  is  our  own  government  as  it  existed 
under  the  Articles  of  Confederation. 

The  Federal  State.  The  federal  state  is  a  modern  political 
development.  In  a  way  it  may  be  said  to  stand  between 
the  unitary  state  and  the  confederation ;  or  perhaps  it  would 
be  more  accurate  to  say  that  it  combines  the  characteristics 
of  both.  Like  the  confederation,  it  is  a  union  of  states ; 
but  unlike  it,  it  is  itself  as  unquestionably  a  state  as  is  the 
most  powerful  of  unitary  states.  Like  the  unitary  state, 
it  has  a  direct  claim  to  the  obedience  of  the  individual 
citizen ;  but  unlike  it,  the  subordinate  communities  are 
not  mere  subdivisions  with  powers  delegated  to  them  by 
the  general  government.  In  some  spheres  of  state  action 
these  subdivisions  are  completely  independent  states ;  in 
others,  namely,  in  matters  pertaining  to  the  common  in- 
terest, the  union  alone  is  supreme.  Neither  the  national  gov- 
ernment nor  the  state  government  has  complete  authority. 
To  give  a  more  formal  definition,  a  federation  is  a  state  made 
up  by  the  union  of  other  states  that  have  permanently 
surrendered  their  right  to  act  independently  in  matters 
pertaining  to  the  common  interest,  while  they  have  in 
other  respects  retained  their  complete  independence. 
Switzerland,  the  German  Empire,  and  the  United  States 
are  examples  of  the  federal  state. 

Further  Classifications.  Whether  a  state  be  unitary,  con- 
federate, or  federal,  it  assumes  in  modern  times  one  of 
two  forms :  it  is  either  monarchical  or  democratic.  Mon- 
archies are  subject  to  two  further  classifications:    (1)  they 


420      ACTUAL   GOVERNMENT    OF   NEW  YORK 

are  either  absolute  (where  the  power  of  the  monarch  is  left 
uncontrolled)  or  limited  (where  the  power  of  the  monarch 
is  controlled  by  law) ;  (2)  they  are  hereditary  or  elective, 
according  as  the  office  is  transmitted  to  the  monarch  in 
the  line  of  descent  or  as  he  is  chosen  by  the  votes  of 
his  subjects  or  of  a  part  of  them.  Democracies  likewise 
assume  two  forms  :  they  are  (1)  pure  democracies  (in  which 
all  the  members  of  the  community  share  directly  in  the 
government)  or  (2)  representative  democracies,  or  republics 
(in  which  the  government  is  carried  on  by  a  comparatively 
small  number  of  persons,  who  have  been  chosen  by  the 
whole  body  of  citizens  to  act  for  them).  Of  the  above  clas- 
sifications, that  into  hereditary  and  elective  monarchies  is 
probably  sufficiently  clear.  The  others  require  some  further 
consideration. 

Absolute  Monarchy.  Among  the  great  civilized  nations 
of  to-day  the  absolute  monarchy  is  rare  indeed.  Turkey  is 
the  only  country  in  Europe  that  can  be  so  classed,  and  even 
Turkey  possesses  a  nominal  constitution,  though  in  actual 
practice  no  other  law  than  the  will  of  the  sultan  is  enforced. 
Where  the  absolute  monarchy  does  exist,  however,  it  differs 
very  materially  from  the  absolute  monarchy  of  antiquity. 
The  latter  was  governed  not  by  what  we  now  call  law  but 
by  custom  —  rules  of  action  that  had  been  handed  down 
from  time  immemorial  and  that  bound  the  monarch  as 
firmly  as  they  did  his  humblest  subject.  The  reign  of  this 
customary  law  the  monarch  could  not  disturb.  He  could 
only  issue  commands  covering  specific  cases  and  affecting 
particular  individuals.  Not  so  with  the  absolute  monarch 
of  to-day.  He  may  legislate  on  as  large  a  scale  as  seems 
to  him  good  —  not  issue  edicts  only,  covering  particular 
cases,  but  make  general  rules  of  law  universally  applicable. 
He   may  do  that  to-day,  and  to-morrow  he   may  sweep  it 


COMPARISON    OF    NATIONAL   GOVERNMENTS    421 

all  away  with  a  word,  for  his  word  is  the  only  law.  In 
short,  the  absolute  monarch  of  to-day  can  wield  a  power 
that  the  reign  of  custom  made  quite  impossible  to  the 
ancient  monarch.  In  spite  of  this,  however,  the  ancient 
monarchy  as  contrasted  with  the  modern  limited  monarchy 
was  essentially  absolute. 

Limited  Monarchy.  The  modern  limited  monarchy, 
called  also  the  constitutional  monarchy,  is  one  in  which 
the  monarch  is  limited  in  the  exercise  of  his  power  by 
the  constitution  of  the  kingdom.  The  extent  of  the  limi- 
tations imposed  varies  greatly  in  different  countries,  and  the 
resulting  governments  shade  off  from  monarchies  strongly 
tinged  with  absolutism  to  monarchies  more  democratic  in 
some  respects  than  the  United  States.  All  the  advanced 
governments  of  the  world,  no  matter  what  their  form, 
have  become  during  the  last  hundred  years  so  deeply  pene- 
trated by  the  democratic  idea  that  to-day  we  are  quite  justi- 
fied in  saying  that  monarchies  exist  only  by  democratic 
consent. 

Pure  Democracy.  There  remains  to  be  considered  that 
form  of  government  toward  which  all  modern  governments 
seem  to  tend,  in  principle  at  least  if  not  in  form.  The 
pure  democracy  may  be  passed  over  lightly.  Assemblies 
in  which  all  the  people  appear  in  order  to  take  part  in 
the  discussion  and  to  vote  become  obviously  impossible 
as  soon  as  the  body  politic  attains  any  considerable  size. 
The  pure  democracy  as  a  form  of  general  government, 
that  is,  as  a  form  of  government  for  the  whole  people, 
no  longer  exists  among  civilized  nations.  As  a  form  of 
local  government  it  still  exists  in  this  country  in  the  school 
meeting  and  town  meeting. 

Representative  Democracy.  The  democracy  of  the  mod- 
ern   world    has    assumed    another    form ;    it    has    become 


422   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  representative  democracy  of  the  republic.  This  scheme, 
by  which  the  political  powers  of  a  whole  class  or  body  of 
individuals  are  delegated  to  a  single  individual  who  acts 
as  their  agent,  had  been  in  use  among  the  ancestors  of  the 
English  people  even  before  they  left  their  homes  in  North 
Germany  and  Denmark  ;  and  their  descendants  have  never 
relinquished  their  hold  upon  it.  What  our  American 
forefathers  did  was  to  apply  this  principle  not  to  a  class 
but  to  a  whole  people  —  in  other  words,  to  democratize  it. 
That,  however,  was  a  long  step  in  advance.  It  meant  that 
they  had  founded  the  first  great  nation  in  the  world  whose 
government  seemed  to  offer  a  solution  for  the  old  problem  of 
how  to  maintain  democratic  institutions  in  a  country 
without  placing  impossible  and  undesirable  restrictions 
upon  its  growth.  Whether  the  problem  has  even  yet  been 
completely  solved  remains  to  be  seen. 

What  is  the  Best  Form  of  Government?  The  question 
is  not  infrequently  asked,  "  What  is  the  best  form  of 
government  ?  "  It  is  not  a  question  that  can  be  answered 
dogmatically.  There  is  no  absolutely  "  best "  form  of 
government  —  best  under  all  conditions.  To  conclude  that 
republicanism,  because  it  has  been  successful  in  the  United 
States,  would  be  an  equally  desirable  form  of  government 
for  the  inhabitants  of  Borneo,  let  us  say,  or  for  China, 
or  for  Russia,  would  be  simply  absurd.  Perhaps  the  most 
we  can  say  is  that  the  best  form  of  government  is  that 
through  which,  under  given  conditions,  the  state  can  best 
accomplish  its  end,  whether  that  form  be  monarchical 
or  democratic.  It  is  nevertheless  true  that  there  are 
certain  advantages  and  certain  disadvantages  naturally 
inherent  in  each  of  these  forms.  The  monarchy  is  naturally 
a  strong  centralized  government,  that  is,  a  government  in 
which  great  power  rests  in  the  hands  of  a  single  person, 


COMPARISON  OF  NATIONAL   GOVERNMENTS     423 

and  can  therefore  bring  things  to  pass  with  vigor  and 
dispatch;  the  republic,  on  the  contrary,  tends  naturally 
toward  decentralization,  that  is,  division  of  political  power 
among  all  the  members  of  the  body  politic,  and  is  not  so 
strong  on  its  administrative  side,  although  it  tends  to 
develop  a  stronger  individualism. 

QUESTIONS   ON  THE  TEXT 

1.  In  what  way  is  the  individual  citizen  affected  by  the 
relation  of  one  nation  to  another,  that  is,  by  international  law  ? 

2.  How  does  the  constitution  of  the  United  States  differ  from 
that  of  England?  France?  Germany? 

3.  Give  one  main  difference  between  a  federal  state  and  a 
confederation.  Illustrate  by  naming  a  country  which  repre- 
sents your  definition. 

4.  Compare  the  powers  of  the  president  of  the  United  States 
with  those  of  the  king  of  England  ;  of  the  German  emperor. 

5.  How  does  the  executive  body  of  Switzerland  differ  from 
that  of  the  English  cabinet  ? 

6.  Show  how  the  imperial  chancellor  of  Germany  permits  the 
people  in  reality  to  criticize  the  emperor.  What  body  performs 
the  same  duty  in  the  French  republic  ?  in  the  English  system  ? 

7.  Name  the  branch  of  the  national  legislature  correspond- 
ing to  our  House  of  Representatives  in  England ;  Germany ; 
France. 

8.  Define  "  unitary  state."  Compare  absolute  and  limited 
monarchies;  pure  and  representative  democracies.     Illustrate. 

9.  What  conditions  enter  into  a  "best  form  of  government"? 


APPENDIX 

THE  CONSTITUTION  OF  THE  STATE  OF 
NEW  YORK 

ADOPTED   NOVEMBER  6,    1894,   AND   AS  AMENDED   AND  IN 
FORCE   JANUARY    1,    1919 

THE  CONSTITUTION 

We,  the  People  of  the  State  of  New  York,  grateful  to  Almighty 
God  for  our  Freedom,  in  order  to  secure  its  blessings,  do  establish 
this  Constitution. 

ARTICLE   I 

Persons  not  to  be  Disfranchised.  Sect.  i.  No  member  of  this 
State  shall  be  disfranchised,  or  deprived  of  any  of  the  rights  or  privi- 
leges secured  to  any  citizen  thereof,  unless  by  the  law  of  the  land,  or 
the  judgment  of  his  peers. 

Trial  by  Jury.  Sect.  2.  The  trial  by  jury  in  all  cases  in  which 
it  has  been  heretofore  used  shall  remain  inviolate  forever ;  but  a  jury 
trial  may  be  waived  by  the  parties  in  all  civil  cases  in  the  manner 
to  be  prescribed  by  law. 

Freedom  of  Worship  ;  Religious  Liberty.  Sect.  3.  The  free  exer- 
cise and  enjoyment  of  religious  profession  and  worship,  without 
discrimination  or  preference,  shall  forever  be  allowed  in  this  State 
to  all  mankind ;  and  no  person  shall  be  rendered  incompetent  to  be 
a  witness  on  account  of  his  opinions  on  matters  of  religious  belief; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  this  State. 

Habeas  Corpus.  Sect.  4.  The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when,  in  cases  of  rebellion  or 
invasion,  the  public  safety  may  require  its  suspension. 


ii  ACTUAL   GOVERNMENT  OF  NEW  YORK 

Excessive  Bail  and  Fines.  Sect.  5.  Excessive  bail  shall  not  be 
required  nor  excessive  fines  imposed,  nor  shall  cruel  and  unusual 
punishments  be  inflicted,  nor  shall  witnesses  be  unreasonably  de- 
tained. 

Grand  Jury  —  Bill  of  Rights.  Sect.  6.  No  person  shall  be  held 
to  answer  for  a  capital  or  otherwise  infamous  crime  (except  in  cases 
of  impeachment,  and  in  cases  of  militia  when  in  actual  service,  and 
the  land  and  naval  forces  in  time  of  war,  or  which  this  State  may  keep 
with  the  consent  of  Congress  in  time  of  peace,  and  in  cases  of  petit 
larceny,  under  the  regulation  of  the  Legislature),  unless  on  present- 
ment or  indictment  of  a  grand  jury,  and  in  any  trial  in  any  court 
whatever  the  party  accused  shall  be  allowed  to  appear  and  defend 
in  person  and  with  counsel  as  in  civil  actions.  No  person  shall  be 
subject  to  be  twice  put  in  jeopardy  for  the  same  offense ;  nor  shall  he 
be  compelled  in  any  criminal  case  to  be  a  witness  against  himself 
nor  be  deprived  of  life,  liberty  or  property  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for  public  use  without  just 
compensation. 

Compensation  for  taking  Private  Property  ;  Private  Roads  ;  Drain- 
age of  Agricultural  Lands.  Sect.  7.1  When  private  property  shall 
be  taken  for  any  public  use,  the  compensation  to  be  made  therefor, 
when  such  compensation  is  not  made  by  the  State,  shall  be  ascer- 
tained by  a  jury  or  by  the  Supreme  Court  with  or  without  a  jury,  or 
by  not  less  than  three  commissioners  appointed  by  a  court  of  record, 
as  shall  be  prescribed  by  law.  Private  roads  may  be  opened  in  the 
manner  to  be  prescribed  by  law ;  but  in  every  case  the  necessity  of 
the  road  and  the  amount  of  all  damage  to  be  sustained  by  the  open- 
ing thereof  shall  be  first  determined  by  a  jury  of  free-holders  and 
such  amount,  together  with  the  expenses  of  the  proceeding,  shall  be 
paid  by  the  person  to  be  benefited.  General  laws  may  be  passed  per- 
mitting the  owners  or  occupants  of  agricultural  lands  to  construct 
and  maintain  for  the  drainage  thereof,  necessary  drains,  ditches  and 
dykes  upon  the  lands  of  others,  under  proper  restrictions  and  with 
just  compensation,  but  no  special  laws  shall  be  enacted  for  such 
purposes. 

The  Legislature  may  authorize  cities  to  take  more  land  and  property 
than  is  needed  for  actual  construction  in  the  laying  out,  widening, 
extending  or  relocating  parks,  public  places,  highways  or  streets ; 

1  As  amended  November,  1913. 


CONSTITUTION  OF  NEW  YORK  iii 

provided,  however,  that  the  additional  land  and  property  so  author- 
ized to  be  taken  shall  be  no  more  than  sufficient  to  form  suitable 
building  sites  abutting  on  such  park,  public  place,  highway  or  street. 
After  so  much  of  the  land  and  property  has  been  appropriated  for 
such  park,  public  place,  highway  or  street  as  is  needed  therefor,  the 
remainder  may  be  sold  or  leased. 

Freedom  of  Speech  and  Press ;  Criminal  Prosecutions  for  Libel. 
Sect.  8.  Every  citizen  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
right ;  and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty 
of  speech  or  of  the  press.  In  all  criminal  prosecutions  or  indictments 
for  libels,  the  truth  may  be  given  in  evidence  to  the  jury ;  and  if  it 
shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is  true, 
and  was  published  with  good  motives  and  for  justifiable  ends,  the 
party  shall  be  acquitted ;  and  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  fact. 

Right  to  Assemble  and  Petition ;  Divorce ;  Lotteries,  Pool-selling 
and  Gambling,  Laws  to  Prevent.  Sect.  9.  No  law  shall  be  passed 
abridging  the  right  of  the  people  peaceably  to  assemble  and  to  peti- 
tion the  government,  or  any  department  thereof ;  nor  shall  any 
divorce  be  granted  otherwise  than  by  due  judicial  proceedings ;  nor 
shall  any  lottery  or  the  sale  of  lottery  tickets,  pool-selling,  book- 
making,  or  any  other  kind  of  gambling  hereafter  be  authorized  or 
allowed  within  this  state ;  and  the  Legislature  shall  pass  appro- 
priate laws  to  prevent  offenses  against  any  of  the  provisions  of  this 
section. 

Escheats.  Sect.  10.  The  people  of  this  State,  in  their  right  of 
sovereignty,  are  deemed  to  possess  the  original  and  ultimate  prop- 
erty in  and  to  all  lands  within  the  jurisdiction  of  the  State ;  and  all 
lands  the  title  to  which  shall  fail,  from  a  defect  of  heirs,  shall  revert, 
or  escheat  to  the  people. 

Feudal  Tenures  Abolished.  Sect.  n.  All  feudal  tenures  of  every 
description,  with  all  their  incidents,  are  declared  to  be  abolished, 
saving  however,  all  rents  and  services  certain  which  at  any  time 
heretofore  have  been  lawfully  created  or  reserved. 

Allodial  Tenures.  Sect.  12.  All  lands  within  this  State  are 
declared  to  be  allodial,  so  that,  subject  only  to  the  liability  to  escheat, 
the  entire  and  absolute  property  is  vested  in  the  owners,  according 
to  the  nature  of  their  respective  estates. 


iv         ACTUAL  GOVERNMENT  OF  NEW  YORK 

Leases  of  Agricultural  Lands.  Sect.  13.  No  lease  or  grant  of 
agricultural  land  for  a  longer  period  than  twelve  years,  hereafter 
made,  in  which  shall  be  reserved  any  rent  or  service  of  any  kind, 
shall  be  valid. 

Fines  and  Quarter-Sales  Abolished.  Sect.  14.  All  fines,  quarter- 
sales,  or  other  like  restraints  upon  alienation,  reserved  in  any  grant 
of  land  hereafter  to  be  made  shall  be  void. 

Purchase  of  Lands  of  Indians.  Sect.  15.  No  purchase  or  contract 
for  the  sale  of  lands  in  this  State,  made  since  the  fourteenth  day  of 
October,  one  thousand  seven  hundred  and  seventy-five  ;  or  which  may 
hereafter  be  made  of,  or  with  the  Indians,  shall  be  valid  unless  made 
under  the  authority,  and  with  the  consent  of  the  Legislature. 

Common  Law  and  Acts  of  the  Colonial  and  State  Legislatures. 
Sect.  16.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  Legis- 
lature of  the  colony  of  New  York,  as  together  did  form  the  law  of 
the  said  colony,  on  the  nineteenth  day  of  April,  one  thousand  seven 
hundred  and  seventy-five,  and  the  resolutions  of  the  Congress  of  the 
said  colony,  and  of  the  convention  of  the  State  of  New  York,  in 
force  on  the  twentieth  day  of  April,  one  thousand  seven  hundred  and 
seventy-seven,  which  have  not  since  expired,  or  been  repealed  or 
altered ;  and  such  acts  of  the  Legislature  of  this  State  as  are  now  in 
force,  shall  be  and  continue  the  law  of  this  State,  subject  to  such 
alterations  as  the  Legislature  shall  make  concerning  the  same.  But 
all  such  parts  of  the  common  law,  and  such  of  the  said  acts,  or  parts 
thereof,  as  are  repugnant  to  this  Constitution,  are  hereby  abrogated. 

Grants  of  Land  Made  by  the  King  of  Great  Britain  since  1775; 
Prior  Grants.  Sect.  17.  All  grants  of  land  within  this  State,  made 
by  the  king  of  Great  Britain,  or  persons  acting  under  his  authority, 
after  the  fourteenth  day  of  October,  one  thousand  seven  hundred  and 
seventy-five,  shall  be  null  and  void ;  but  nothing  contained  in  this 
Constitution  shall  affect  any  grants  of  land  within  this  State,  made 
by  the  authority  of  the  said  king  or  his  predecessors,  or  shall  annul 
any  charters  to  bodies  politic  and  corporate,  by  him  or  them  made 
before  that  day;  or  shall  affect  any  such  grants  or  charters  since 
made  by  this  State,  or  by  persons  acting  under  its  authority  ;  or  shall 
impair  the  obligation  of  any  debts,  contracted  by  the  State  or  indi- 
viduals, or  bodies  corporate,  or  any  other  rights  of  property,  or  any 
suits,  actions,  rights  of  action,  or  other  proceedings  in  courts  of 
justice. 


CONSTITUTION  OF  NEW  YORK  v 

Damages  for  Injuries  causing  Death.  Sect.  18.  The  right  of 
action  now  existing  to  recover  damages  for  injuries  resulting  in  death, 
shall  never  be  abrogated ;  and  the  amount  recoverable  shall  not  be 
subject  to  any  statutory  limitation. 

Workmen's  Compensation.  Sect.  19.1  Nothing  contained  in  this 
constitution  shall  be  construed  to  limit  the  power  of  the  Legislature 
to  enact  laws  for  the  protection  of  the  lives,  health,  or  safety  of  em- 
ployees ;  or  for  the  payment,  either  by  employers,  or  by  employers 
and  employees  or  otherwise,  either  directly  or  through  a  state  or  other 
system  of  insurance  or  otherwise,  or  compensation  for  injuries  to 
employees  or  for  death  of  employees  resulting  from  such  injuries 
without  regard  to  fault  as  a  cause  thereof,  except  where  the  injury 
is  occasioned  by  the  willful  intention  of  the  injured  employee  to 
bring  about  the  injury  or  death  of  himself  or  of  another,  or  where  the 
injury  results  solely  from  the  intoxication  of  the  injured  employee 
while  on  duty;  or  for  the  adjustment,  determination  and  settlement, 
with  or  without  trial  by  jury,  of  issues  which  may  arise  under  such 
legislation ;  or  to  provide  that  the  right  of  such  compensation,  and 
the  remedy  therefor  shall  be  exclusive  of  all  other  rights  and  remedies 
for  injuries  to  employees  or  for  death  resulting  from  such  injuries; 
or  to  provide  that  the  amount  of  such  compensation  for  death  shall 
not  exceed  a  fixed  or  determinable  sum ;  provided  that  all  moneys 
paid  by  an  employer  to  his  employees  or  their  legal  representatives,  by 
reason  of  the  enactment  of  any  of  the  laws  herein  authorized,  shall 
be  held  to  be  a  proper  charge  of  operating  the  business  of  the  employer. 

ARTICLE   II 

Qualifications  of  Voters.  Sect,  i.2  Every  citizen  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  citizen  for  ninety  days,  and 
an  inhabitant  of  this  State  one  year  next  preceding  an  election,  and  for 
the  last  four  months  a  resident  of  the  county  and  for  the  last  thirty 
days  a  resident  of  the  election  district  in  which  he  or  she  may  offer  his 
or  her  vote,  shall  be  entitled  to  vote  at  such  election  in  the  election 
district  of  which  he  or  she  shall  at  the  time  be  a  resident,  and  not 
elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be  elective  by 
the  people,  and  upon  all  questions  which  may  be  submitted  to  the  vote 
of  the  people,  provided,  however,  that  a  citizen  by  marriage  shall  have 
been  an  inhabitant  of  the  United  States  for  five  years;  and  provided 

1  As  amended  November,  1913.  2  As  amended  November,  191 7. 


Vi    ACTUAL  GOVERNMENT  OF  NEW  YORK 

that  in  time  of  war  no  elector  in  the  actual  military  service  of  the  State, 
or  of  the  United  States,  in  the  army  or  navy  thereof,  shall  be  deprived 
of  his  or  her  vote  by  reason  of  his  or  her  absence  from  such  election 
district ;  and  the  Legislature  shall  have  power  to  provide  the  manner  in 
which  and  the  time  and  place  at  which  such  absent  electors  may  vote, 
and  for  the  return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside. 

Persons  Excluded  from  the  Right  of  Suffrage.  Sect.  2.  No 
person  who  shall  receive,  accept,  or  offer  to  receive,  or  pay,  offer  or 
promise  to  pay,  contribute,  offer  or  promise  to  contribute  to  another, 
to  be  paid  or  used,  any  money  or  other  valuable  thing  as  a  compensa- 
tion or  reward  for  the  giving  or  withholding  a  vote  at  an  election, 
or  who  shall  make  any  promise  to  influence  the  giving  or  withhold- 
ing any  such  vote,  or  who  shall  make  or  become  directly  or  indirectly 
interested  in  any  bet  or  wager  depending  upon  the  result  of  any  elec- 
tion, shall  vote  at  such  election ;  and  upon  challenge  for  such  cause, 
the  person  so  challenged,  before  the  officers  authorized  for  that  pur- 
pose shall  receive  his  vote,  shall  swear  or  affirm  before  such  officers 
that  he  has  not  received  or  offered,  does  not  expect  to  receive,  has 
not  paid,  offered  or  promised  to  pay,  contributed,  offered  or  promised 
to  contribute  to  another,  to  be  paid  or  used  any  money  or  other 
valuable  thing  as  a  compensation  or  reward  for  the  giving  or  with- 
holding a  vote  at  such  election,  and  has  not  made  any  promise  to 
influence  the  giving  or  withholding  of  any  such  vote,  nor  made  or 
become  directly  or  indirectly  interested  in  any  bet  or  wager  depend- 
ing upon  the  result  of  such  election.  The  Legislature  shall  enact 
laws  excluding  from  the  right  of  suffrage  all  persons  convicted  of 
bribery  or  of  any  infamous  crime. 

Certain  Occupations  and  Conditions  not  to  affect  Residence. 
Sect.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence, 
while  employed  in  the  service  of  the  United  States ;  nor  while  en- 
gaged in  the  navigation  of  the  waters  of  this  State,  or  of  the  United 
States,  or  of  the  high  seas;  nor  while  a  student  of  any  seminary  of 
learning;  nor  while  kept  at  any  almshouse,  or  other  asylum,  or 
institution-  wholly  or  partly  supported  at  public  expense  or  by 
charity  ;  nor  while  confined  in  any  public  prison. 

Registration  and  Election  Laws  to  be  Passed.  Sect.  4.  Laws 
shall  be  made  for  ascertaining,  by  proper  proofs,  the  citizens  who  shall 


CONSTITUTION  OF  NEW  YORK  vii 

be  entitled  to  the  right  of  suffrage  hereby  established,  and  for  the 
registration  of  voters ;  which  registration  shall  be  completed  at  least 
ten  days  before  each  election.  Such  registration  shall  not  be  required 
for  town  and  village  elections  except  by  express  provision  of  law. 
In  cities  and  villages  having  five  thousand  inhabitants  or  more, 
according  to  the  last  preceding  state  enumeration  of  inhabitants, 
voters  shall  be  registered  upon  personal  application  only ;  but  voters 
not  residing  in  such  cities  or  villages  shall  not  be  required  to  apply 
in  person  for  registration  at  the  first  meeting  of  the  officers  having 
charge  of  the  registry  of  voters. 

Manner  of  Voting.  Sect.  5.  All  elections  by  the  citizens,  except 
for  such  town  officers  as  may  by  law  be  directed  to  be  otherwise 
chosen,  shall  be  by  ballot,  or  by  such  other  method  as  may  be  pre- 
scribed by  law,  provided  that  secrecy  in  voting  be  preserved. 

Registration  and  Election  Boards  to  be  Bi-partisan,  except  at 
Town  and  Village  Elections.  Sect.  6.  All  laws  creating,  regulating 
or  affecting  boards  of  officers  charged  with  the  duty  of  registering 
voters,  or  of  distributing  ballots  at  the  polls  to  voters,  or  of  receiving, 
recording  or  counting  votes  at  elections,  shall  secure  equal  repre- 
sentation of  the  two  political  parties  which,  at  the  general  election 
next  preceding  that  for  which  such  boards  or  officers  are  to  serve, 
cast  the  highest  and  the  next  highest  number  of  votes.  All  such 
boards  and  officers  shall  be  appointed  or  elected  in  such  manner, 
and  upon  the  nomination  of  such  representatives  of  said  parties 
respectively,  as  the  Legislature  may  direct.  Existing  laws  on  this 
subject  shall  continue  until  the  Legislature  shall  otherwise  provide. 
This  section  shall  not  apply  to  town  meetings,  or  to  village  elections. 

ARTICLE   III 

Legislative  Powers.  Sect.  i.  The  legislative  power  of  this  State 
shall  be  vested  in  the  Senate  and  Assembly. 

Number  and  Terms  of  Senators  and  Assemblymen.  Sect.  2. 
The  Senate  shall  consist  of  fifty  members,  except  as  hereinafter 
provided.  The  senators  elected  in  the  year  one  thousand  eight 
hundred  and  ninety-five  shall  hold  their  offices  for  three  years, 
and  their  successors  shall  be  chosen  for  two  years.  The  Assembly 
shall  consist  of  one  hundred  and  fifty  members,  who  shall  be 
chosen  for  one  year. 


viii      ACTUAL   GOVERNMENT  OF  NEW  YORK 

Senate  Districts.  Sect.  3.1  The  state  shall  be  divided  into  fifty 
districts  to  be  called  senate  districts,  each  of  which  shall  choose  one 
senator.  The  districts  shall  be  numbered  from  one  to  fifty,  inclu- 
sive.    (Here  follows  an  enumeration  of  the  districts.) 

Enumerations  and  Reapportionments.  Sect.  4.  An  enumeration 
of  the  inhabitants  of  the  State  shall  be  taken  under  the  direction 
of  the  Secretary  of  State,  during  the  months  of  May  and  June, 
in  the  year  one  thousand  nine  hundred  and  five,  and  in  the  same 
months  every  tenth  year  thereafter ;  and  the  said  districts  shall  be 
so  altered  by  the  Legislature  at  the  first  regular  session  after  the 
return  of  every  enumeration,  that  each  senate  district  shall  contain 
as  nearly  as  may  be  an  equal  number  of  inhabitants,  excluding  aliens, 
and  be  in  as  compact  form  as  practicable,  and  shall  remain  unaltered 
until  the  return  of  another  enumeration,  and  shall  at  all  times,  con- 
sist of  contiguous  territory,  and  no  county  shall  be  divided  in  the 
formation  of  a  senate  district  except  to  make  two  or  more  senate 
districts  wholly  in  such  county.  No  town,  and  no  block  in  a  city 
inclosed  by  streets  or  public  ways,  shall  be  divided  in  the  formation 
of  senate  districts ;  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  county,  than  the 
population  of  a  town  or  block  therein  adjoining  such  district.  Coun- 
ties, towns  or  blocks  which,  from  their  location  may  be  included  in 
either  of  two  districts,  shall  be  so  placed  as  to  make  said  districts 
most  nearly  equal  in  number  of  inhabitants,  excluding  aliens. 

No  county  shall  have  four  or  more  senators  unless  it  shall  have  a 
full  ratio  for  each  senator.  No  county  shall  have  more  than  one- 
third  of  all  the  senators  ;  and  no  two  counties  or  the  territory  thereof 
as  now  organized,  which  are  adjoining  counties,  or  which  are  sepa- 
rated only  by  public  waters,  shall  have  more  than  one-half  of  all 
the  senators. 

The  ratio  for  apportioning  senators  shall  always  be  obtained  by 
dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty,  and 
the  senate  shall  always  be  composed  of  fifty  members,  except  that  if 
any  county  having  three  or  more  senators  at  the  time  of  any  appor- 
tionment shall  be  entitled  on  such  ratio  to  an  additional  senator 
or  senators,  such  additional  senator  or  senators  shall  be  given  to 

*For  present  apportionment  of  Senate  districts,  see  chapter  727,  Laws 
of  1907. 


CONSTITUTION  OF  NEW  YORK  ix 

such  county  in  addition  to  the  fifty  senators,  and  the  whole  number 
of  senators  shall  be  increased  to  that  extent. 

Apportionment  of  Assemblymen ;  Creation  of  Assembly  Districts. 
Sect.  5.  The  members  of  the  Assembly  shall  be  chosen  by  single 
districts  and  shall  be  apportioned  by  the  Legislature  at  the  first 
regular  session  after  the  return  of  every  enumeration  among  the 
several  counties  of  the  state,  as  nearly  as  may  be  according  to  the 
number  of  their  respective  inhabitants,  excluding  aliens.  Every 
county  heretofore  established  and  separately  organized,  except  the 
county  of  Hamilton,  shall  always  be  entitled  to  one  member  of 
Assembly,  and  no  county  shall  hereafter  be  erected  unless  its  popu- 
lation shall  entitle  it  to  a  member.  The  county  of  Hamilton  shall 
elect  with  the  county  of  Fulton,  until  the  population  of  the  county 
of  Hamilton  shall,  according  to  the  ratio,  entitle  it  to  a  member. 
But  the  Legislature  may  abolish  the  said  county  of  Hamilton  and 
annex  the  territory  thereof  to  some  other  county  or  counties. 

The  quotient  obtained  by  dividing  the  whole  number  of  inhabit- 
ants of  the  State,  excluding  aliens,  by  the  number  of  members  of 
assembly,  shall  be  the  ratio  for  apportionment,  which  shall  be  made 
as  follows :  One  member  of  assembly  shall  be  apportioned  to  every 
county,  including  Fulton  and  Hamilton  as  one  county,  containing 
less  than  the  ratio  and  one-half  over.  Two  members  shall  be  appor- 
tioned to  every  other  county.  The  remaining  members  of  assembly 
shall  be  apportioned  to  the  counties  having  more  than  two  ratios 
according  to  the  number  of  inhabitants,  excluding  aliens.  Members 
apportioned  on  remainders  shall  be  apportioned  to  the  counties 
having  the  highest  remainders  in  the  order  thereof  respectively.  No 
county  shall  have  more  members  of  assembly  than  a  county  having 
a  greater  number  of  inhabitants,  excluding  aliens. 

Until  after  the  next  enumeration,  members  of  the  Assembly  shall 
be  apportioned  to  the  several  counties  as  follows : *  (Here  follows 
an  enumeration  of  the  counties  with  the  number  of  assemblymen 
apportioned  to  each.) 

In  any  county  entitled  to  more  than  one  member,  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  having 
no  board  of  supervisors,  the  common  council,  or  if  there  be  none, 

1  For  present  apportionment  of  members  of  Assembly,  see  chapter  727, 
Laws  of  1907. 


x    ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  body  exercising  the  powers  of  a  common  council,  shall  assemble 
on  the  second  Tuesday  of- June,  one  thousand  eight  hundred  and 
ninety-five,  and  at  such  times  as  the  Legislature  making  an  appor- 
tionment shall  prescribe,  and  divide  such  counties  into  assembly 
districts  as  nearly  equal  in  number  of  inhabitants,  excluding  aliens, 
as  may  be,  of  convenient  and  contiguous  territory  in  as  compact 
form  as  practicable,  each  of  which  shall  be  wholly  within  a  senate 
district  formed  under  the  same  apportionment,  equal  to  the  number 
of  members  of  Assembly  to  which  such  county  shall  be  entitled, 
and  shall  cause  to  be  filed  in  the  office  of  the  Secretary  of  State  and 
of  the  clerk  of  such  county,  a  description  of  such  districts,  specifying 
the  number  of  each  district  and  of  the  inhabitants  thereof,  excluding 
aliens,  according  to  the  last  preceding  enumeration  ;  and  such  appor- 
tionment and  districts  shall  remain  unaltered  until  another  enumer- 
ation shall  be  made,  as  herein  provided ;  but  said  division  of  the 
city  of  Brooklyn  and  the  county  of  Kings  to  be  made  on  the  second 
Tuesday  of  June,  one  thousand  eight  hundred  and  ninety-five,  shall 
be  made  by  the  common  council  of  the  said  city  and  the  board  of 
supervisors  of  said  county,  assembled  in  joint  session.  In  counties 
having  more  than  one  senate  district,  the  same  number  of  assembly 
districts  shall  be  put  in  each  senate  district,  unless  the  assembly 
districts  cannot  be  evenly  divided  among  the  senate  districts  of 
any  county,  in  which  case  one  more  assembly  district  shall  be 
put  in  the  senate  district  in  such  county  having  the  largest,  or  one 
less  assembly  district  shall  be  put  in  the  senate  district  in  such 
county  having  the  smallest  number  of  inhabitants,  excluding  aliens, 
as  the  case  may  require.  No  town,  and  no  block  in  a  city  inclosed 
by  streets  or  public  ways,  shall  be  divided  in  the  formation  of  as- 
sembly districts,  nor  shall  any  districts  contain  a  greater  excess  in 
population  over  an  adjoining  district  in  the  same  senate  district, 
than  the  population  of  a  town  or  block  therein  adjoining  such  assem- 
bly district.  Towns  or  blocks  which,  from  their  location  may  be 
included  in  either  of  two  districts,  shall  be  so  placed  as  to  make  said 
districts  most  nearly  equal  in  number  of  inhabitants,  excluding 
aliens ;  but  in  the  division  of  cities  under  the  first  apportionment, 
regard  shall  be  had  to  the  number  of  inhabitants,  excluding  aliens, 
of  the  election  districts  according  to  the  state  enumeration  of  one 
thousand  eight  hundred  and  ninety-two,  so  far  as  may  be,  instead 
of  blocks.     Nothing  in  this  section  shall  prevent  the  division,  at 


CONSTITUTION  OF  NEW  YORK  xi 

any  time,  of  counties  and  towns,  and  the  erection  of  new  towns  by 
the  Legislature. 

An  apportionment  by  the  Legislature,  or  other  body,  shall  be 
subject  to  review  by  the  Supreme  Court,  at  the  suit  of  any  citizen, 
under  such  reasonable  regulations  as  the  Legislature  may  prescribe ; 
and  any  court  before  which  a  cause  may  be  pending  involving  an 
apportionment,  shall  give  precedence  thereto  over  all  other  causes 
and  proceedings,  and  if  said  court  be  not  in  session  it  shall  convene 
promptly  for  the  disposition  of  the  same. 

Compensation  of  Members.  Sect.  6.  Each  member  of  the  Legis- 
lature shall  receive  for  his  services  an  annual  salary  of  one  thousand 
five  hundred  dollars.  The  members  of  either  house  shall  also  receive 
the  sum  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going 
to  and  returning  from  their  place  of  meeting,  once  in  each  session, 
on  the  most  usual  route.  Senators,  when  the  Senate  alone  is  con- 
vened in  extraordinary  session,  or  when  serving  as  members  of  the 
Court  for  the  Trial  of  Impeachments,  and  such  members  of  the 
Assembly,  not  exceeding  nine  in  number,  as  shall  be  appointed 
managers  of  an  impeachment,  shall  receive  an  additional  allowance 
of  ten  dollars  a  day. 

Civil  Appointments  of  Members  Void.  Sect.  7.  No  member  of 
the  Legislature  shall  receive  any  civil  appointment  within  this  State, 
or  the  Senate  of  the  United  States,  from  the  Governor,  the  Governor 
and  Senate,  or  from  the  Legislature,  or  from  any  city  government, 
during  the  time  for  which  he  shall  have  been  elected ;  and  all  such 
appointments  and  all  votes  given  for  any  such  member  for  any  such 
office  or  appointment  shall  be  void. 

Persons  Disqualified  from  being  Members.  Sect.  8.  No  per- 
son shall  be  eligible  to  the  Legislature,  who  at  the  time  of  his  elec- 
tion, is,  or  within  one  hundred  days  previous  thereto  has  been,  a 
member  of  Congress,  a  civil  or  military  officer  under  the  United 
States,  or  any  officer  under  any  city  government.  And  if  any  per- 
son shall,  after  his  election  as  a  member  of  the  Legislature,  be  elected 
to  Congress,  or  appointed  to  any  office,  civil  or  military,  under  the 
government  of  the  United  States,  or  under  any  city  government, 
his  acceptance  thereof  shall  vacate  his  seat. 

Time  of  Elections.  Sect.  9.  The  elections  of  senators  and  mem- 
bers of  assembly,  pursuant  to  the  provisions  of  this  Constitution, 
shall  be  held  on  the  Tuesday  succeeding  the  first  Monday  of  Novem- 
ber, unless  otherwise  directed  by  the  Legislature. 


xii        ACTUAL  GOVERNMENT  OF  NEW  YORK 

Powers  of  Each  House.  Sect.  io.  A  majority  of  each  house 
shall  constitute  a  quorum  to  do  business.  Each  house  shall  deter- 
mine the  rules  of  its  own  proceedings,  and  be  the  judge  of  the  elec- 
tions, returns  and  qualifications  of  its  own  members ;  shall  choose 
its  own  officers ;  and  the  Senate  shall  choose  a  temporary  president 
to  preside  in  case  of  the  absence  or  impeachment  of  the  Lieutenant- 
Governor,  or  when  he  shall  refuse  to  act  as  president,  or  shall  act 
as  Governor. 

Journals;  Open  Sessions  ;  Adjournments.  Sect.  n.  Each  house 
shall  keep  a  journal  of  its  proceedings,  and  publish  the  same,  except 
such  parts  as  may  require  secrecy.  The  doors  of  each  house  shall 
be  kept  open,  except  when  the  public  welfare  shall  require  secrecy. 
Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  two  days. 

Members  not  to  be  Questioned  for  Speeches.  Sect.  12.  For  any 
speech  or  debate  in  either  house  of  the  Legislature,  the  members 
shall  not  be  questioned  in  any  other  place. 

Bill  may  originate  in  Either  House.  Sect.  13.  Any  bill  may  origi- 
nate in  either  house  of  the  Legislature,  and  all  bills  passed  by 
one  house  may  be  amended  by  the  other. 

Enacting  Clause  of  Bills.  Sect.  14.  The  enacting  clause  of  all 
bills  shall  be  "  The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows,"  and  no  law  shall  be 
enacted  except  by  bill. 

Manner  of  Passing  Bills.  Sect.  15.  No  bill  shall  be  passed  or 
become  a  law  unless  it  shall  have  been  printed  and  upon  the  desks 
of  the  members,  in  its  final  form,  at  least  three  calendar  legislative 
days  prior  to  its  final  passage,  unless  the  Governor,  or  the  acting 
Governor,  shall  have  certified  to  the  necessity  of  its  immediate 
passage,  under  his  hand  and  the  seal  of  the  State;  nor  shall  any 
bill  be  passed  or  become  a  law,  except  by  the  assent  of  the  major- 
ity of  the  members  elected  to  each  branch  of  the  Legislature ;  and 
upon  the  last  reading  of  a  bill,  no  amendment  thereof  shall  be  al- 
lowed, and  the  question  upon  its  final  passage  shall  be  taken  imme- 
diately thereafter,  and  the  yeas  and  nays  entered  on  the  journal. 

Private  and  Local  Bills  not  to  Embrace  more  than  One  Subject. 
Sect.  16.  No  private  or  local  bill,  which  may  be  passed  by  the 
Legislature,  shall  embrace  more  than  one  subject,  and  that  shall  be 
expressed  in  the  title. 


CONSTITUTION  OF  NEW  YORK  xiii 

Existing  Law  made  Applicable  to  be  Inserted.  Sect-  17 •  No  act 
shall  be  passed  which  shall  provide  that  any  existing  law,  or  any  part 
thereof,  shall  be  made  or  deemed  a  part  of  said  act,  or  which  shall 
enact  that  any  existing  law,  or  part  thereof,  shall  be  applicable  except 
by  inserting  it  in  such  act. 

Cases  in  which  Private  and  Local  Bills  shall  not  be  passed  ;  Restric- 
tions as  to  Laws  authorizing  Street  Railroads.  Sect.  18. x  The  Legis- 
lature shall  not  pass  a  private  or  local  bill  in  any  of  the  following 
cases : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit  jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places  of 
voting. 

Creating,  increasing  or  decreasing  fees,  percentages  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed. 

Granting  to  any  corporation,  association  or  individual  the  right  to 
lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual  any 
exclusive  privilege,  immunity  or  franchise  whatever. 

Granting  to  any  person,  association,  firm  or  corporation,  an  exemp- 
tion from  taxation  on  real  or  personal  property. 

Providing  for  building  bridges,  and  chartering  companies  for  such 
purposes,  except  on  the  Hudson  river  below  Waterford,  and  on  the 
East  river,  or  over  the  waters  forming  a  part  of  the  boundaries  of 
the  state. 

The  legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its  judg- 
ment, may  be  provided  for  by  general  laws.  But  no  law  shall  author- 
ize the  construction  or  operation  of  a  street  railroad  except  upon 
the  condition  that  the  consent  of  the  owners  of  one-half  in  value  of 

1  As  amended  November,  1901. 


xiv   ACTUAL  GOVERNMENT  OF  NEW  YORK 

the  property  bounded  on,  and  the  consent  also  of  the  local  authori- 
ties having  the  control  of,  that  portion  of  a  street  or  highway  upon 
which  it  is  proposed  to  construct  or  operate  such  railroad  be  first 
obtained,  or  in  case  the  consent  of  such  property  owners  cannot  be 
obtained,  the  Appellate  Division  of  the  Supreme  Court,  in  the  de- 
partment in  which  it  is  proposed  to  be  constructed,  may,  upon  appli- 
cation, appoint  three  commissioners  who  shall  determine,  after  a 
hearing  of  all  parties  interested,  whether  such  railroad  ought  to  be 
constructed  or  operated,  and  their  determination,  confirmed  by  the 
court,  may  be  taken  in  lieu  of  the  consent  of  the  property  owners. 

Private  Claims  not  to  be  Audited  by  Legislature.  Sect.  19.  TJie 
Legislature  shall  neither  audit  nor  allow  any  private  claim  or  account 
against  the  State,  but  may  appropriate  money  to  pay  such  claims  as 
shall  have  been  audited  and  allowed  according  to  law. 

Two-Thirds  Bills.  Sect.  20.  The  assent  of  two-thirds  of  the 
members  elected  to  each  branch  of  the  legislature  shall  be  requisite 
to  every  bill  appropriating  the  public  moneys  or  property  for  local 
or  private  purposes. 

Appropriation  Bills.  Sect.  21.  No  money  shall  ever  be  paid  out 
of  the  treasury  of  this  State,  or  any  of  its  funds,  or  any  of  the  funds 
under  its  management,  except  in  pursuance  of  an  appropriation  by 
law ;  nor  unless  such  payment  be  made  within  two  years  next  after 
the  passage  of  such  appropriation  act ;  and  every  such  law  making  a 
new  appropriation  or  continuing  or  reviving  an  appropriation,  shall 
distinctly  specify  the  sum  appropriated,  and  the  object  to  which  it  is 
to  be  applied ;  and  it  shall  not  be  sufficient  for  such  law  to  refer  to 
any  other  law  to  fix  such  sum. 

Restrictions  as  to  Provisions  in  the  Appropriation  or  Supply  Bills. 
Sect.  22.  No  provision  or  enactment  shall  be  embraced  in  the  annual 
appropriation  or  supply  bill,  unless  it  relates  specifically  to  some  par- 
ticular appropriation  in  the  bill ;  and  any  such  provision  or  enact- 
ment shall  be  limited  in  its  operation  to  such  appropriation. 

Certain  Sections  not  to  apply  to  Commission  Bills.  Sect.  23.  Sec- 
tions seventeen  and  eighteen  of  this  article  shall  not  apply  to  any 
bill,  or  the  amendments  to  any  bill,  which  shall  be  reported  to  the 
legislature  by  commissioners  who  have  been  appointed  pursuant  to 
law  to  revise  the  statutes. 

Tax  Bills  to  State  Tax  Distinctly.  Sect.  24.  Every  law  which 
imposes,  continues  or  revives  a  tax  shall  distinctly  state  the  tax  and 


CONSTITUTION  OF  NEW  YORK  xv 

the  object  to  which  it  is  to  be  applied,  and  it  shall  not  be  sufficient 
to  refer  to  any  other  law  to  fix  such  tax  or  object. 

When  Ayes  and  Nays  Necessary ;  Three-Fifths  to  constitute 
Quorum.  Sect.  25.  On  the  final  passage,  in  either  house  of  the 
Legislature,  of  any  act  which  imposes,  continues  or  revives  a  tax,  or 
creates  a  debt  or  charge,  or  makes,  continues  or  revives  any  appropria- 
tion of  public  or  trust  money  or  property,  or  releases,  discharges  or 
commutes  any  claim  or  demand  of  the  State,  the  question  shall 
be  taken  by  yeas  and  nays,  which  shall  be  duly  entered  upon  the 
journals,  and  three-fifths  of  all  the  members  elected  to  either  house 
shall,  in  all  such  cases,  be  necessary  to  constitute  a  quorum  therein. 

Boards  of  Supervisors.  Sect.  26.1  There  shall  be  in  each  county, 
except  in  a  county  wholly  included  in  a  city,  a  board  of  super- 
visors, to  be  composed  of  such  members  and  elected  in  such  manner 
and  for  such  period  as  is  or  may  be  provided  by  law.  In  a  city 
which  includes  an  entire  county,  or  two  or  more  entire  counties,  the 
powers  and  duties  of  a  board  of  supervisors  may  be  devolved  upon 
the  municipal  assembly,  common  council,  board  of  aldermen  or  other 
legislative  body  of  the  city. 

Local  Legislative  Powers.  Sect.  2y.2  The  Legislature  shall,  by 
general  laws,  confer  upon  the  boards  of  supervisors  of  the  several 
counties  of  the  State  such  further  powers  of  local  legislation  and  ad- 
ministration as  the  Legislature  may,  from  time  to  time,  deem  expe- 
dient, and  in  counties  which  now  have,  or  may  hereafter  have,  county 
auditors  or  other  fiscal  officers,  authorized  to  audit  bills,  accounts, 
charges,  claims  or  demands  against  the  county,  the  Legislature  may 
confer  such  powers  upon  said  auditors,  or  fiscal  officers,  as  the  Legis- 
lature may,  from  time  to  time,  deem  expedient. 

Extra  Compensation  Prohibited.  Sect.  28.  The  Legislature  shall 
not,  nor  shall  the  common  council  of  any  city,  nor  any  board  of  super- 
visors, grant  any  extra  compensation  to  any  public  officer,  servant, 
agent  or  contractor. 

Prison  Labor ;  Contract  System  Abolished.  Sect.  29.  The  Legis- 
lature shall,  by  law,  provide  for  the  occupation  and  employment  of 
prisoners  sentenced  to  the  several  State  prisons,  penitentiaries,  jails 
and  reformatories  in  the  State ;  and  on  and  after  the  first  day  of 
January,  in  the  year  one  thousand  eight  hundred  and  ninety-seven, 

1  As  amended  November,  1899. 

2  As  amended  November,  1909. 


xvi       ACTUAL  GOVERNMENT  OF  NEW  YORK 

no  person  in  any  such  prison,  penitentiary,  jail  or  reformatory,  shall 
be  required  or  allowed  to  work,  while  under  sentence  thereto,  at  any 
trade,  industry  or  occupation,  wherein  or  whereby  his  work,  or  the 
product  or  profit  of  his  work,  shall  be  farmed  out,  contracted,  given 
or  sold  to  any  person,  firm,  association  or  corporation.  This  section 
shall  not  be  construed  to  prevent  the  Legislature  from  providing 
that  convicts  may  work  for,  and  that  the  products  of  their  labor 
may  be  disposed  of  to,  the  State  or  any  political  division  thereof,  or 
for  or  to  any  public  institution  owned  or  managed  and  controlled 
by  the  State,  or  any  political  division  thereof. 

ARTICLE   IV 

Executive  Power.  Sect.  i.  The  executive  power  shall  be  vested 
in  a  Governor,  who  shall  hold  his  office  for  two  years ;  a  Lieutenant- 
Governor  shall  be  chosen  at  the  same  time,  and  for  the  same  term. 
The  Governor  and  Lieutenant-Governor  elected  next  preceding  the 
time  when  this  section  shall  take  effect,  shall  hold  office  until  and 
including  the  thirty-first  day  of  December,  one  thousand  eight  hun- 
dred and  ninety-six,  and  their  successors  shall  be  chosen  at  the  general 
election  in  that  year. 

Qualifications  of  Governor  and  Lieutenant-Governor.  Sect.  2. 
No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieutenant- 
Governor,  except  a  citizen  of  the  United  States,  of  the  age  of  not  less 
than  thirty  years,  and  who  shall  have  been  five  years  next  preceding 
his  election  a  resident  of  this  State. 

Election  of  Governor  and  Lieutenant-Governor.  Sect.  3.  The 
Governor  and  Lieutenant-Governor  shall  be  elected  at  the  times 
and  places  of  choosing  members  of  the  Assembly.  The  persons  re- 
spectively having  the  highest  number  of  votes  for  Governor  and 
Lieutenant-Governor  shall  be  elected ;  but  in  case  two  or  more 
shall  have  an  equal  and  the  highest  number  of  votes  for  Governor 
or  for  Lieutenant-Governor,  the  two  houses  of  the  Legislature  at 
its  next  annual  session  shall  forthwith,  by  joint  ballot,  choose  one  of 
the  said  persons  so  having  an  equal  and  the  highest  number  of 
votes  for  Governor  or  Lieutenant-Governor. 

Duties  and  Powers  of  Governor ;  Compensation.  Sect.  4.  The 
Governor  shall  be  Commander-in-Chief  of  the  military  and  naval 
forces  of  the  State.     He  shall  have  power  to  convene  the  Legislature, 


CONSTITUTION  OF  NEW  YORK  xvii 

or  the  Senate  only,  on  extraordinary  occasions.  At  extraordinary 
sessions  no  subject  shall  be  acted  upon,  except  such  as  the  Governor 
may  recommend  for  consideration.  He  shall  communicate  by  mes- 
sage to  the  Legislature  at  every  session  the  condition  of  the  State, 
and  recommend  such  matters  to  it  as  he  shall  judge  expedient.  He 
shall  transact  all  necessary  business  with  the  officers  of  government, 
civil  and  military.  He  shall  expedite  all  such  measures  as  may  be 
resolved  upon  by  the  Legislature,  and  shall  take  care  that  the  laws 
are  faithfully  executed.  He  shall  receive  for  his  services  an  annual 
salary  of  ten  thousand  dollars,  and  there  shall  be  provided  for  his 
use  a  suitable  and  furnished  executive  residence. 

Reprieves,  Commutations,  and  Pardons  to  be  granted  by  Governor. 
Sect.  5.  The  Governor  shall  have  the  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such  conditions  and  with 
such  restrictions  and  limitations,  as  he  may  think  proper,  subject  to 
such  regulations  as  may  be  provided  by  law  relative  to  the  manner 
of  applying  for  pardons.  Upon  conviction  for  treason,  he  shall  have 
power  to  suspend  the  execution  of  the  sentence,  until  the  case  shall 
be  reported  to  the  Legislature  at  its  next  meeting,  when  the  Legis- 
lature shall  either  pardon,  or  commute  the  sentence,  direct  the  exe- 
cution of  the  sentence,  or  grant  a  further  reprieve.  He  shall  annually 
communicate  to  the  Legislature  each  case  of  reprieve,  commutation 
or  pardon  granted,  stating  the  name  of  the  convict,  the  crime  of 
which  he  was  convicted,  the  sentence  and  its  date,  and  the  date  of 
the  commutation,  pardon  or  reprieve. 

When  Lieutenant-Governor  to  act  as  Governor.  Sect.  6.  In 
case  of  the  impeachment  of  the  Governor,  or  his  removal  from  office, 
death,  inability  to  discharge  the  powers  and  duties  of  the  said  office, 
resignation,  or  absence  from  the  State,  the  powers  and  duties  of  the 
office  shall  devolve  upon  the  Lieutenant-Governor  for  the  residue  of 
the  term,  or  until  the  disability  shall  cease.  But  when  the  Gover- 
nor shall,  with  the  consent  of  the  Legislature,  be  out  of  the  State, 
in  time  of  war,  at  the  head  of  a  military  force  thereof,  he  shall  con- 
tinue Commander-in-Chief  of  all  the  military  force  of  the  State. 

Qualifications  and  Duties  of  Lieutenant-Governor ;  Succession  to 
the  Governorship.  Sect.  7.  The  Lieutenant-Governor  shall  pos- 
sess the  same  qualifications  of  eligibility  for  office  as  the  Governor. 
He  shall  be  president  of  the  Senate,  but  shall  have  only  a  casting  vote 


xviii     ACTUAL  GOVERNMENT  OF  NEW  YORK 

therein.  If  during  a  vacancy  of  the  office  of  Governor,  the  Lieu- 
tenant-Governor shall  be  impeached,  displaced,  resign,  die,  or  become 
incapable  of  performing  the  duties  of  his  office,  or  be  absent  from  the 
State,  the  President  of  the  Senate  shall  act  as  Governor  until  the 
vacancy  be  filled  or  the  disability  shall  cease ;  and  if  the  President 
of  the  Senate  for  any  of  the  above  causes  shall  become  incapable  of 
performing  the  duties  pertaining  to  the  office  of  Governor,  the  Speaker 
of  the  Assembly  shall  act  as  Governor  until  the  vacancy  be  filled  or 
the  disability  shall  cease. 

Salary  of  Lieutenant-Governor.  Sect.  8.  The  Lieutenant-Gov- 
ernor shall  receive  for  his  services  an  annual  salary  of  five  thousand 
dollars,  and  shall  not  receive  or  be  entitled  to  any  other  compensa- 
tion, fee  or  perquisite,  for  any  duty  or  service  he  may  be  required  to 
perform  by  the  Constitution  or  by  law. 

Bills  to  be  presented  to  Governor ;  Approval ;  Passage  of  Bill  by 
Legislature  if  not  Approved.  Sect.  9.  Every  bill  which  shall  have 
passed  the  Senate  and  Assembly  shall,  before  it  becomes  a  law,  be 
presented  to  the  Governor ;  if  he  approve,  he  shall  sign  it ;  but  if 
not,  he  shall  return  it  with  his  objections  to  the  house  in  which  it 
shall  have  originated,  which  shall  enter  the  objections  at  large  on 
the  journal,  and  proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion, two-thirds  of  the  members  elected  to  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered ;  and  if  approved 
by  two-thirds  of  the  members  elected  to  that  house,  it  shall  become 
a  law  notwithstanding  the  objections  of  the  Governor.  In  all  such 
cases  the  votes  in  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  shall  be  entered  on  the  journal 
of  each  house  respectively.  If  any  bill  shall  not  be  returned  by  the 
Governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  Legislature  shall,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  become  a  law  without  the 
approval  of  the  Governor.  No  bill  shall  become  a  law  after  the  final 
adjournment  of  the  Legislature,  unless  approved  by  the  Governor 
within  thirty  days  after  such  adjournment.  If  any  bill  presented 
to  the  Governor  contain  several  items  of  appropriation  of  money,  he 
may  object  to  one  or  more  of  such  items  while  approving  of  the  other 
portion  of  the  bill.     In  such  case  he  shall  append  to  the  bill,  at  the 


CONSTITUTION  OF  NEW  YORK  xix 

time  of  signing  it,  a  statement  of  the  items  to  which  he  objects ;  and 
the  appropriation  so  objected  to  shall  not  take  effect. ,  If  the  Legis- 
lature be  in  session,  he  shall  transmit  to  the  house  in  which  the  bill 
originated  a  copy  of  such  statement,  and  the  items  objected  to  shall 
be  separately  reconsidered.  If  on  reconsideration  one  or  more  of 
such  items  be  approved  by  two-thirds  of  the  members  elected  to 
each  house,  the  same  shall  be  part  of  the  law,  notwithstanding  the 
objections  of  the  Governor.  All  the  provisions  of  this  section,  in 
relation  to  bills  not  approved  by  the  Governor,  shall  apply  in  cases 
in  which  he  shall  withhold  his  approval  from  any  item  or  items  con- 
tained in  a  bill  appropriating  money. 

ARTICLE   V 

State  Officers.  Sect.  i.  The  Secretary  of  State,  Comptroller, 
Treasurer,  Attorney-General  and  State  Engineer  and  Surveyor  shall 
be  chosen  at  a  general  election,  at  the  times  and  places  of  electing 
the  Governor  and  Lieutenant-Governor,  and  shall  hold  their  offices 
for  two  years,  except  as  provided  in  section  two  of  this  article.  Each 
of  the  officers  in  this  article  named,  excepting  the  Speaker  of  the 
Assembly,  shall,  at  stated  times  during  his  continuance  in  office, 
receive  for  his  services  a  compensation  which  shall  not  be  increased 
or  diminished  during  the  term  for  which  he  shall  have  been  elected ; 
nor  shall  he  receive  to  his  use  any  fees  or  perquisites  of  office  or  other 
compensation.  No  person  shall  be  elected  to  the  office  of  State 
Engineer  and  Surveyor  who  is  not  a  practical  civil  engineer. 

First  Election  of  State  Officers.  Sect.  2.  The  first  election  of  the 
Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General  and 
State  Engineer  and  Surveyor,  pursuant  to  this  article,  shall  be  held 
in  the  year  one  thousand  eight  hundred  and  ninety-five,  and  their 
terms  of  office  shall  begin  on  the  first  day  of  January  following,  and 
shall  be  for  three  years.  At  the  general  election  in  the  year  one 
thousand  eight  hundred  and  ninety-eight,  and  every  two  years  there- 
after, their  successors  shall  be  chosen  for  the  term  of  two  years. 

Superintendent  of  Public  Works  ;  Appointment ;  Powers  and  Duties 
of.  Sect.  3.  A  superintendent  of  public  works  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  hold  his  office  until  the  end  of  the  term  of  the  Governor,  by  whom 
he  was  nominated,  and  until  his  successor  is  appointed  and  qualified. 


xx    ACTUAL  GOVERNMENT  OF  NEW  YORK 

He  shall  receive  a  compensation  to  be  fixed  by  law.  He  shall  be 
required  by  law  to  give  security  for  the  faithful  execution  of  his  office 
before  entering  upon  the  duties  thereof.  He  shall  be  charged  with 
the  execution  of  all  laws  relating  to  the  repair  and  navigation  of  the 
canals,  and  also  of  those  relating  to  the  construction  and  improve- 
ment of  the  canals,  except  so  far  as  the  execution  of  the  laws  relating 
to  such  construction  or  improvement  shall  be  confided  to  the  State 
Engineer  and  Surveyor ;  subject  to  the  control  of  the  Legislature, 
he  shall  make  the  rules  and  regulations  for  the  navigation  or  use  of 
the  canals.  He  may  be  suspended  or  removed  from  office  by  the 
Governor,  whenever,  in  his  judgment,  the  public  interest  shall  so 
require ;  but  in  case  of  the  removal  of  such  Superintendent  of  Public 
Works  from  office,  the  Governor  shall  file  with  the  Secretary  of  State 
a  statement  of  the  cause  of  such  removal,  and  shall  report  such  re- 
moval and  the  cause  thereof  to  the  Legislature  at  its  next  session. 
The  Superintendent  of  Public  Works  shall  appoint  not  more  than 
three  assistant  superintendents,  whose  duties  shall  be  prescribed  by 
him,  subject  to  modification  by  the  Legislature,  and  who  shall  re- 
ceive for  their  services  a  compensation  to  be  fixed  by  law.  They 
shall  hold  their  office  for  three  years,  subject  to  suspension  or  re- 
moval by  the  Superintendent  of  Public  Works,  whenever,  in  his 
judgment,  the  public  interest  shall  so  require.  Any  vacancy  in  the 
office  of  any  such  assistant  superintendent  shall  be  filled  for  the  re- 
mainder of  the  term  for  which  he  was  appointed,  by  the  Superin- 
tendent of  Public  Works ;  but  in  case  of  the  suspension  or  removal 
of  any  such  assistant  superintendent  by  him,  he  shall  at  once  report 
to  the  Governor,  in  writing,  the  cause  of  such  removal.  All  other 
persons  employed  in  the  care  and  management  of  the  canals,  except 
collectors  of  tolls,  and  those  in  the  department  of  the  State  Engineer 
and  Surveyor,  shall  be  appointed  by  the  Superintendent  of  Public 
Works,  and  be  subject  to  suspension  or  removal  by  him.  The  Super- 
intendent of  Public  Works  shall  perform  all  the  duties  of  the  former 
Canal  Commissioners  and  Board  of  Canal  Commissioners,  as  now 
declared  by  law,  until  otherwise  provided  by  the  Legislature.  The 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
have  power  to  fill  vacancies  in  the  office  of  Superintendent  of  Public 
Works ;  if  the  Senate  be  not  in  session,  he  may  grant  commissions 
which  shall  expire  at  the  end  of  the  next  succeeding  session  of  the 
Senate. 


CONSTITUTION  OF  NEW  YORK  xxi 

Superintendent  of  State  Prisons,  Appointment ;  Powers  and  Duties 
of.  Sect.  4.  A  Superintendent  of  State  Prisons  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  hold  his  office  for  five  years,  unless  sooner  removed  ;  he  shall  give 
security  in  such  amount,  and  with  such  sureties  as  shall  be  required 
by  law  for  the  faithful  discharge  of  his  duties  ;  he  shall  have  the  super- 
intendence, management  and  control  of  State  prisons,  subject  to  such 
laws  as  now  exist  or  may  hereafter  be  enacted ;  he  shall  appoint  the 
agents,  wardens,  physicians  and  chaplains  of  the  prisons.  The  agent 
and  warden  of  each  prison  shall  appoint  all  other  officers  of  such  prison, 
except  the  clerk,  subject  to  the  approval  of  the  same  by  the  Superin- 
tendent. The  Comptroller  shall  appoint  the  clerks  of  the  prisons.  The 
Superintendent  shall  have  all  the  powers  and  perform  all  the  duties 
not  inconsistent  herewith,  which  were  formerly  had  and  performed 
by  the  Inspectors  of  State  Prisons.  The  Governor  may  remove  the 
Superintendent  for  cause  at  any  time,  giving  to  him  a  copy  of  the 
charges  against  him,  and  an  opportunity  to  be  heard  in  his  defense. 

Commissioners  of  the  Land  Office ;  of  the  Canal  Fund ;  Canal 
Board.  Sect.  5.  The  Lieutenant-Governor,  Speaker  of  the  Assem- 
bly, Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General 
and  State  Engineer  and  Surveyor  shall  be  the  commissioners  of  the 
land  office.  The  Lieutenant-Governor,  Secretary  of  State,  Comp- 
troller, Treasurer  and  Attorney-General  shall  be  the  commissioners 
of  the  canal  fund.  The  canal  board  shall  consist  of  the  com- 
missioners of  the  canal  fund,  the  State  Engineer  and  Surveyor  and 
the  Superintendent  of  Public  Works. 

Powers  and  Duties  of  Boards.  Sect.  6.  The  powers  and  duties 
of  the  respective  boards,  and  of  the  several  officers  in  this  article 
mentioned,  shall  be  such  as  now  are  or  hereafter  may  be  prescribed 
by  law. 

State  Treasurer  ;  Suspension  by  Governor.  Sect.  7.  The  Treas- 
urer may  be  suspended  from  office  by  the  Governor,  during  the  recess 
of  the  Legislature,  and  until  thirty  days  after  the  commencement  of 
the  next  session  of  the  Legislature,  whenever  it  shall  appear  to  him 
that  such  Treasurer  has,  in  any  particular,  violated  his  duty.  The 
Governor  shall  appoint  a  competent  person  to  discharge  the  duties  of 
the  office  during  such  suspension  of  the  Treasurer. 

Certain  Offices  Abolished.  Sect.  8.  All  offices  for  the  weighing, 
gauging,  measuring,  culling  or  inspecting  any  merchandise,  produce, 


xxii      ACTUAL  GOVERNMENT  OF  NEW  YORK 

manufacture  or  commodity  whatever,  are  hereby  abolished ;  and  no 
such  office  shall  hereafter  be  created  by  law;  but  nothing  in  this 
section  contained  shall  abrogate  any  office  created  for  the  purpose  of 
protecting  the  public  health  or  the  interest  of  the  State  in  its  property, 
revenue,  tolls  or  purchases,  or  of  supplying  the  people  with  correct 
standards  of  weights  and  measures,  or  shall  prevent  the  creation  of 
any  office  for  such  purposes  hereafter. 

Civil  Service  Appointments  and  Promotions.  Sect.  9.  Appoint- 
ments and  promotions  in  the  civil  service  of  the  State,  and  of  all  the 
civil  divisions  thereof,  including  cities  and  villages,  shall  be  made 
according  to  merit  and  fitness  to  be  ascertained  so  far  as  practicable, 
by  examinations,  which,  so  far  as  practicable,  shall  be  competitive ; 
provided,  however,  that  honorably  discharged  soldiers  and  sailors 
from  the  army  and  navy  of  the  United  States  in  the  late  civil 
war,  who  are  citizens  and  residents  of  this  State,  shall  be  entitled 
to  preference  in  appointment  and  promotion,  without  regard  to  their 
standing  on  any  list  from  which  such  appointment  or  promotion 
may  be  made.  Laws  shall  be  made  to  provide  for  the  enforcement 
of  this  section. 

ARTICLE   VI 

Supreme  Court;  how  Constituted;  Judicial  Districts.  Sect,  i.1 
The  Supreme  Court  is  continued  with  general  jurisdiction  in  law  and 
equity  subject  to  such  appellate  jurisdiction  of  the  Court  of  Appeals 
as  now  is  or  may  be  prescribed  by  law  not  inconsistent  with  this 
article.  The  existing  judicial  districts  of  the  State  are  continued 
until  changed  as  hereinafter  provided.  The  Supreme  Court  shall 
consist  of  the  justices  now  in  office,  and  of  the  Judges  transferred 
thereto  by  the  fifth  section  of  this  article,  all  of  whom  shall  continue 
to  be  Justices  of  the  Supreme  Court  during  their  respective  terms, 
and  of  twelve  additional  Justices  who  shall  reside  in  and  be  chosen 
by  the  electors  of  the  several  existing  judicial  districts,  three  in  the 
first  district,  three  in  the  second,  and  one  in  each  of  the  other  districts-, 
and  of  their  successors.  The  successors  of  said  justices  shall  be  chosen 
by  the  electors  of  their  respective  judicial  districts.  The  Legislature 
may  alter  the  judicial  districts  once  after  every  enumeration  under  the 
Constitution,  of  the  inhabitants  of  the  State,  and  thereupon  reappor- 
tion the  Justices  to  be  thereafter  elected  in  the  districts  so  altered. 

1  As  amended  November,  1905. 


CONSTITUTION  OF  NEW  YORK  xxiii 

The  Legislature  may  from  time  to  time  increase  the  number  of 
justices  in  any  judicial  district  except  that  the  number  of  justices  in 
the  first  and  second  district  or  in  any  of  the  districts  into  which  the 
second  district  may  be  divided,  shall  not  be  increased  to  exceed  one 
justice  for  each  eighty  thousand,  or  fraction  over  forty  thousand  of 
the  population  thereof,  as  shown  by  the  last  State,  or  Federal  census 
or  enumeration,  and  except  that  the  number  of  justices  in  any  other 
district  shall  not  be  increased  to  exceed  one  justice  for  each  sixty 
thousand  or  fraction  over  thirty-five  thousand  of  the  population 
thereof  as  shown  by  the  last  State  or  Federal  census  or  enumeration. 
The  Legislature  may  erect  out  of  the  Second  Judicial  District  as  now 
constituted,  another  judicial  district  and  apportion  the  justices  in 
office  between  the  districts,  and  provide  for  the  election  of  additional 
justices  in  the  new  district  not  exceeding  the  limit  herein  provided. 

Judicial  Departments ;  Appellate  Division,  how  Constituted ;  Gov- 
ernor to  designate  Justices ;  Reporter ;  Time  and  Place  of  holding 
Courts.  Sect.  2.1  The  Legislature  shall  divide  the  State  into  four 
judicial  departments.  The  first  department  shall  consist  of  the  county 
of  New  York ;  the  others  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.  Once  every 
ten  years  the  Legislature  may  alter  the  judicial  departments,  but 
without  increasing  the  number  thereof.  There  shall  be  an  Appellate 
Division  of  the  Supreme  Court,  consisting  of  seven  justices  in  the 
first  department,  and  of  five  justices  in  each  of  the  other  departments. 
In  each  department  four  shall  constitute  a  quorum,  and  the  concur- 
rence of  three  shall  be  necessary  to  a  decision.  No  more  than  five 
justices  shall  sit  in  any  case.  From  all  the  justices  elected  to  the 
Supreme  Court  the  Governor  shall  designate  those  who  shall  consti- 
tute the  Appellate  Division  in  each  department ;  and  he  shall  desig- 
nate the  presiding  justice  thereof,  who  shall  act  as  such  during  his 
term  of  office,  and  shall  be  a  resident  of  the  department.  The  other 
justices  shall  be  designated  for  terms  of  five  years  or  the  unexpired 
portions  of  their  respective  terms  of  office,  if  less  than  five  years. 
From  time  to  time  as  the  terms  of  such  designations  expire,  or 
vacancies  occur,  he  shall  make  new  designations.  A  majority  of 
the  justices  so  designated  to  sit  in  the  Appellate  Division,  in  each 
department  shall  be  residents  of  the  department.  He  may  also 
make  temporary  designations  in  case  of  the  absence  or  inability  to 

1  As  amended  November,  1905. 


xxiv     ACTUAL  GOVERNMENT  OF  NEW  YORK 

act  of  any  justice  in  the  Appellate  Division,  or  in  case  the  presiding 
justice  of  any  Appellate  Division  shall  certify  to  him  that  one  or 
more  additional  justices  are  needed  for  the  speedy  disposition  of  the 
business  before  it.  Whenever  the  Appellate  Division  in  any  depart- 
ment shall  be  unable  to  dispose  of  its  business  within  a  reasonable 
time,  a  majority  of  the  presiding  justices  of  the  several  departments 
at  a  meeting  called  by  the  presiding  justice  of  the  department  in 
arrears  may  transfer  any  pending  appeals  from  such  department 
to  any  other  department  for  hearing  and  determination.  No  justice 
of  the  Appellate  Division  shall,  within  the  department  to  which  he 
may  be  designated  to  perform  the  duties  of  an  appellate  justice, 
exercise  any  of  the  powers  of  a  justice  of  the  Supreme  Court,  other 
than  those  of  a  justice  out  of  court,  and  those  pertaining  to  the 
Appellate  Division,  or  to  the  hearing  and  decision  of  motions  sub- 
mitted by  consent  of  counsel,  but  any  such  justice,  when  not  actually 
engaged  in  performing  the  duties  of  such  appellate  justice  in  the 
department  to  which  he  is  designated,  may  hold  any  term  of  the 
Supreme  Court  and  exercise  any  of  the  powers  of  a  justice  of  the 
Supreme  Court  in  any  county  or  judicial  district  in  any  other 
department  of  the  State.  From  and  after  the  last  day  of  December, 
eighteen  hundred  and  ninety-five,  the  Appellate  Division  shall  have 
the  jurisdiction  now  exercised  by  the  Supreme  Court  at  its  general 
terms  and  by  the  general  terms  of  the  Court  of  Common  Pleas  for 
the  city  and  county  of  New  York,  the  Superior  Court  of  the  city  of 
New  York,  the  Superior  Court  of  Buffalo  and  the  city  of  Brooklyn, 
and  such  additional  jurisdiction  as  may  be  conferred  by  the  Legisla- 
ture. It  shall  have  power  to  appoint  and  remove  a  reporter.  The 
justices  of  the  Appellate  Division  in  each  department  shall  have 
power  to  fix  the  times  and  places  for  holding  special  terms  therein, 
and  to  assign  the  justices  in  the  departments  to  hold  such  terms ; 
or  to  make  rules  therefor. 

Judge  or  Justice  not  to  sit  in  Review ;  Testimony  in  Equity  Cases. 
Sect.  3.  No  Judge  or  Justice  shall  sit  in  the  Appellate  Division 
or  in  the  Court  of  Appeals  in  review  of  a  decision  made  by  him 
or  by  any  court  of  which  he  was  at  the  time  a  sitting  member. 
The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as 
in  cases  at  law ;  and,  except  as  herein  otherwise  provided,  the 
Legislature  shall  have  the  same  power  to  alter  and  regulate  the 
jurisdiction  and  proceedings  in  law  and  in  equity  that  it  has 
heretofore  exercised. 


CONSTITUTION  OF  NEW  YORK  xxv 

Terms  of  Office ;  Vacancies,  how  Filled.  Sect.  4.  The  official 
terms  of  the  Justices  of  the  Supreme  Court  shall  be  fourteen  years 
from  and  including  the  first  day  of  January  next  after  their  election. 
When  a  vacancy  shall  occur  otherwise  than  by  expiration  of  term  in 
the  office  of  Justice  of  the  Supreme  Court  the  same  shall  be  filled  for 
a  full  term,  at  the  next  general  election,  happening  not  less  than  three 
months  after  such  vacancy  occurs ;  and,  until  the  vacancy  shall  be 
so  filled,  the  Governor  by  and  with  the  advice  and  consent  of  the 
Senate,  if  the  Senate  shall  be  in  session,  or  if  not  in  session  the  Gov- 
ernor, may  fill  such  vacancy  by  appointment,  which  shall  continue 
until  and  including  the  last  day  of  December  next  after  the  election 
at  which  the  vacancy  shall  be  filled. 

City  Courts  Abolished  ;  Judges  become  Justices  of  Supreme  Court ; 
Salaries ;  Jurisdiction  vested  in  Supreme  Court.  Sect.  5.  The 
Superior  Court  of  the  City  of  New  York,  the  Court  of  Common  Pleas 
for  the  City  and  County  of  New  York,  the  Superior  Court  of  Buffalo, 
and  the  City  Court  of  Brooklyn,  are  abolished  from  and  after  the 
first  day  of  January,  one  thousand  eight  hundred  and  ninety-six, 
and  thereupon  the  seals,  records,  papers  and  documents  of  or  belong- 
ing to  such  courts,  shall  be  deposited  in  the  offices  of  the  clerks  of 
the  several  counties  in  which  said  courts  now  exist ;  and  all  actions 
and  proceedings  then  pending  in  such  courts  shall  be  transferred  to 
the  Supreme  Court  for  hearing  and  determination.  The  judges  of 
said  courts  in  office  on  the  first  day  of  January,  one  thousand  eight 
hundred  and  ninety-six,  shall,  for  the  remainder  of  the  terms  for 
which  they  were  elected  or  appointed,  be  Justices  of  the  Supreme 
Court ;  but  they  shall  sit  only  in  the  counties  in  which  they  were 
elected  or  appointed.  Their  salaries  shall  be  paid  by  the  said  coun- 
ties respectively,  and  shall  be  the  same  as  the  salaries  of  the  other 
Justices  of  the  Supreme  Court  residing  in  the  same  counties.  Their 
successors  shall  be  elected  as  Justices  of  the  Supreme  Court  by  the 
electors  of  the  judicial  districts  in  which  they  respectively  reside. 

The  jurisdiction  now  exercised  by  the  several  courts  hereby 
abolished,  shall  be  vested  in  the  Supreme  Court.  Appeals  from  in- 
ferior and  local  courts  now  heard  in  the  Court  of  Common  Pleas  for 
the  City  and  County  of  New  York  and  the  Superior  Court  of  Buffalo, 
shall  be  heard  in  the  Supreme  Court  in  such  manner  and  by  such 
Justice  or  Justices  as  the  Appellate  Divisions  in  the  respective  depart- 
ments which  include  New  York  and  Buffalo  shall  direct,  unless  other- 
wise provided  by  the  Legislature. 


xxvi     ACTUAL  GOVERNMENT  OF  NEW  YORK 

Circuit  Courts  and  Courts  of  Oyer  and  Terminer  Abolished. 
Sect.  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 
eight  hundred  and  ninety-five.  All  their  jurisdiction  shall  thereupon 
be  vested  in  the  Supreme  Court,  and  all  actions  and  proceedings  then 
pending  in  such  courts  shall  be  transferred  to  the  Supreme  Court 
for  hearing  and  determination.  Any  Justice  of  the  Supreme  Court, 
except  as  otherwise  provided  in  this  article,  may  hold  court  in  any 
county. 

Court  of  Appeals.  Sect.  7.1  The  Court  of  Appeals  is  continued. 
It  shall  consist  of  the  chief  judge  and  associate  judges  now  in  office, 
who  shall  hold  their  offices  until  the  expiration  of  their  respective 
terms,  and  their  successors,  who  shall  be  chosen  by  the  electors  of 
the  State.  The  official  terms  of  the  chief  judge  and  associate  judges 
shall  be  fourteen  years  from  and  including  the  first  day  of  January 
next  after  their  election.  Five  members  of  the  court  shall  form  a 
quorum,  and  the  concurrence  of  four  shall  be  necessary  to  a  decision. 
The  court  shall  have  power  to  appoint  and  to  remove  its  reporter, 
clerk  and  attendants.  Whenever  and  as  often  as  a  majority  of  the 
judges  of  the  Court  of  Appeals  shall  certify  to  the  Governor  that 
said  court  is  unable,  by  reason  of  the  accumulation  of  causes  pending 
therein,  to  hear  and  dispose  of  the  same  with  reasonable  speed,  the 
Governor  shall  designate  not  more  than  four  justices  of  the  Supreme 
Court  to  serve  as  associate  judges  of  Court  of  Appeals.  The  justices 
so  designated  shall  be  relieved  from  their  duties  as  justices  of  the 
Supreme  Court  and  shall  serve  as  associate  judges  of  the  Court  of 
Appeals  until  the  causes  undisposed  of  in  said  court  are  reduced  to 
two  hundred,  when  they  shall  return  to  the  Supreme  Court.  The 
Governor  may  designate  justices  of  the  Supreme  Court  to  fill  vacan- 
cies. No  justice  shall  serve  as  associate  judge  of  the  Court  of  Appeals 
except  while  holding  the  office  of  Justice  of  the  Supreme  Court,  and 
no  more  than  seven  judges  shall  sit  in  any  case. 

Vacancy  in  Court  of  Appeals,  how  Filled.  Sect.  8.  When  a 
vacancy  shall  occur  otherwise  than  by  expiration  of  term,  in  the 
office  of  Chief  or  Associate  Judge  of  the  Court  of  Appeals,  the  same 
shall  be  filled,  for  a  full  term,  at  the  next  general  election  happening 
not  less  than  three  months  after  such  vacancy  occurs ;  and  until  the 
vacancy  shall  be  so  filled,  the  Governor,  by  and  with  the  advice  and 

1  As  amended  November,  1899. 


CONSTITUTION  OF  NEW  YORK  xxvii 

consent  of  the  Senate,  if  the  Senate  shall  be  in  session  or  if  not  in 
session  the  Governor,  may  fill  such  vacancy  by  appointment.  If  any 
such  appointment  of  Chief  Judge  shall  be  made  from  among  the 
Associate  Judges,  a  temporary  appointment  of  Associate  Judge  shall 
be  made  in  like  manner ;  but  in  such  case  the  person  appointed 
Chief  Judge  shall  not  be  deemed  to  vacate  his  office  of  Associate 
Judge  any  longer  than  until  the  expiration  of  his  appointment  as 
Chief  Judge.  The  powers  and  jurisdiction  of  the  court  shall  not  be 
suspended  for  want  of  appointment  or  election,  when  the  number 
of  Judges  is  sufficient  to  constitute  a  quorum.  All  appointments 
under  this  section  shall  continue  until  and  including  the  last  day  of 
December  next  after  the  election  at  which  the  vacancy  shall  be  filled. 

Jurisdiction  of  Court  of  Appeals.  Sect.  q.  After  the  last  day 
of  December,  one  thousand  eight  hundred  and  ninety-five,  the  juris- 
diction of  the  Court  of  Appeals,  except  where  the  judgment  is  of 
death,  shall  be  limited  to  the  review  of  questions  of  law.  No  unani- 
mous decision  of  the  Appellate  Division  of  the  Supreme  Court  that 
there  is  evidence  supporting  or  tending  to  sustain  a  finding  of  fact  or 
a  verdict  not  directed  by  the  court,  shall  be  reviewed  by  the  Court 
of  Appeals.  Except  where  the  judgment  is  of  death,  appeals  may 
be  taken,  as  a  right,  to  said  court  only  from  judgments  or  orders 
entered  upon  decisions  of  the  Appellate  Division  of  the  Supreme 
Court,  finally  determining  actions  or  special  proceedings,  and  from 
orders  granting  new  trials  on  exceptions,  where  the  appellants  stipu- 
late that  upon  affirmance  judgment  absolute  shall  be  rendered  against 
them.  The  Appellate  Division  in  any  department  may,  however, 
allow  an  appeal  upon  any  question  of  law  which,  in  its  opinion,  ought 
to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  jurisdiction  of  the  Court 
of  Appeals  and  the  right  of  appeal  thereto,  but  the  right  to  appeal 
shall  not  depend  upon  the  amount  involved. 

The  provisions  of  this  section  shall  not  apply  to  orders  made  or 
judgments  rendered  by  any  General  Term  before  the  last  day  of 
December,  one  thousand  eight  hundred  and  ninety-five,  but  appeals 
therefrom  may  be  taken  under  existing  provisions  of  law. 

Judges  not  to  hold  any  Other  Office.  Sect.  10.  The  Judges  of  the 
Court  of  Appeals  and  the  Justices  of  the  Supreme  Court  shall  not 
hold  any  other  office  or  public  trust.  All  votes  for  any  of  them,  for 
any  other  than  a  judicial  office,  given  by  the  Legislature  or  the 
people,  shall  be  void. 


xxviii     ACTUAL  GOVERNMENT  OF  NEW  YORK 

Removal  of  Judges.  Sect.  ii.  Judges  of  the  Court  of  Appeals 
and  Justices  of  the  Supreme  Court  may  be  removed  by  concurrent 
resolution  of  both  houses  of  the  Legislature,  if  two-thirds  of  all  the 
members  elected  to  each  house  concur  therein.  All  other  judicial 
officers,  except  justices  of  the  peace  and  judges  or  justices  of  inferior 
courts  not  of  record,  may  be  removed  by  the  Senate,  on  the  recom- 
mendation of  the  Governor,  if  two-thirds  of  all  the  members  elected 
to  the  Senate  concur  therein.  But  no  officer  shall  be  removed  by 
virtue  of  this  section  except  for  cause,  which  shall  be  entered  on  the 
journals,  nor  unless  he  shall  have  been  served  with  a  statement  of 
the  cause  alleged,  and  shall  have  had  an  opportunity  to  be  heard. 
On  the  question  of  removal,  the  yeas  and  nays  shall  be  entered  on 
the  journal. 

Compensation ;  Age  Restriction ;  Assignment  by  Governor. 
Sect.  12.1  No  person  shall  hold  the  office  of  Judge  or  Justice  of  any 
court  longer  than  until  and  including  the  last  day  of  December  next 
after  he  shall  be  seventy  years  of  age.  Each  Justice  of  the  Supreme 
Court  shall  receive  from  the  State  the  sum  of  ten  thousand  dollars 
per  year.  Those  assigned  to  the  Appellate  Divisions  in  the  third 
and  fourth  departments  shall  each  receive  in  addition  the  sum  of 
two  thousand  dollars,  and  the  Presiding  Justices  thereof  the  sum 
of  two  thousand  five  hundred  dollars  per  year.  Those  Justices 
elected  in  the  first  and  second  judicial  departments  shall  continue 
to  receive  from  their  respective  cities,  counties,  or  districts  as  now 
provided  by  law,  such  additional  compensation  as  will  make  their 
aggregate  compensation  what  they  are  now  receiving.  Those  Jus- 
tices elected  in  any  judicial  department  other  than  the  first  or  second, 
and  assigned  to  the  Appellate  Divisions  of  the  first  or  second  depart- 
ments shall,  while  so  assigned,  receive  from  those  departments  re- 
spectively, as  now  provided  by  law,  such  additional  sum  as  is  paid 
to  the  Justices  of  those  departments.  A  Justice  elected  in  the  third 
or  fourth  department  assigned  by  the  Appellate  Division  or  desig- 
nated by  the  Governor  to  hold  a  trial  or  special  term  in  a  judicial 
district  other  than  that  in  which  he  is  elected  shall  receive  in  addi- 
tion ten  dollars  per  day  for  expenses  while  actually  so  engaged  in 
holding  such  term,  which  shall  be  paid  by  the  State  and  charged 
upon  the  judicial  district  where  the  service  is  rendered.  The  com- 
pensation herein  provided  shall  be  in  lieu  of  and  shall  exclude  all 

1  As  amended  November,  iqoq. 


CONSTITUTION  OF  NEW  YORK  xxix 

other  compensation  and  allowance  to  said  Justices  for  expenses  of 
every  kind  and  nature  whatsoever.  The  provisions  of  this  section 
shall  apply  to  the  Judges  and  Justices  now  in  office  and  to  those 
hereafter  elected. 

Trial  of  Impeachments.  Sect.  13.  The  Assembly  shall  have  the 
power  of  impeachment,  by  a  vote  of  a  majority  of  all  the  members 
elected.  The  court  for  the  trial  of  impeachments  shall  be  composed 
of  the  President  of  the  Senate,  the  Senators,  or  the  major  part  of 
them,  and  the  Judges  of  the  Court  of  Appeals,  or  the  major  part 
of  them.  On  the  trial  of  an  impeachment  against  the  Governor  or 
Lieutenant-Governor,  the  Lieutenant-Governor  shall  not  act  as  a 
member  of  the  court.  No  judicial  officer  shall  exercise  his  office, 
after  articles  of  impeachment  against  him  shall  have  been  preferred 
to  the  Senate,  until  he  shall  have  been  acquitted.  Before  the  trial 
of  an  impeachment  the  members  of  the  court  shall  take  an  oath  or 
affirmation  truly  and  impartially  to  try  the  impeachment  according 
to  the  evidence,  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present.  Judgment  in  cases 
of  impeachment  shall  not  extend  further  than  to  removal  from  office, 
or  removal  from  office  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust  or  profit  under  this  State ;  but  the  party  im- 
peached shall  be  liable  to  indictment  and  punishment  according  to 
law. 

County  Courts.  Sect.  14.1  The  existing  County  Courts  are  con- 
tinued, and  the  Judges  thereof  now  in  office  shall  hold  their  offices 
until  the  expiration  of  their  respective  terms.  The  number  of  county 
judges  in  any  county  may  also  be  increased,  from  time  to  time,  by 
the  legislature,  to  such  number  that  the  total  number  of  county 
judges  in  any  one  county  shall  not  exceed  one  for  every  two  hundred 
thousand,  or  major  fraction  thereof,  of  the  population  of  such  county. 
The  additional  county  judges  in  the  county  of  Kings  shall  be  chosen 
at  the  general  election  held  in  the  first  odd-numbered  year  after  the 
adoption  of  this  amendment.  The  additional  county  judges  whose 
offices  may  be  created  by  the  legislature  shall  be  chosen  at  the  general 
election  held  in  the  first  odd-numbered  year  after  the  creation  of  such 
office.  All  county  judges,  including  successors  to  existing  judges, 
shall  be  chosen  by  the  electors  of  the  counties  for  the  term  of  six 
years  from  and  including  the  first  day  of  January  following  their 

1  As  amended  November,  1913. 


xxx       ACTUAL  GOVERNMENT  OF  NEW  YORK 

election.  County  Courts  shall  have  the  powers  and  jurisdiction  they 
now  possess,  and  also  original  jurisdiction  in  actions  for  the  recovery 
of  money  only,  where  the  defendants  reside  in  the  county,  and  in 
which  the  complaint  demands  judgment  for  a  sum  not  exceeding  two 
thousand  dollars.  The  Legislature  may  hereafter  enlarge  or  restrict 
the  jurisdiction  of  the  County  Courts,  provided,  however,  that  their 
jurisdiction  shall  not  be  so  extended  as  to  authorize  an  action  therein 
for  the  recovery  of  money  only,  in  which  the  sum  demanded  exceeds 
two  thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  a  defendant. 

Courts  of  Sessions,  except  in  the  county  of  New  York,  are  abolished 
from  and  after  the  last  day  of  December,  one  thousand  eight  hun- 
dred and  ninety-five.  All  the  jurisdiction  of  the  Court  of  Sessions 
in  each  county,  except  the  county  of  New  York,  shall  thereupon  be 
vested  in  the  County  Court  thereof,  and  all  actions  and  proceedings 
then  pending  in  such  Courts  of  Sessions  shall  be  transferred  to  said 
County  Courts  for  hearing  and  determination.  Every  County 
Judge  shall  perform  such  duties  as  may  be  required  by  law.  His 
salary  shall  be  established  by  law,  payable  out  of  the  county  treasury. 
A  County  Judge  of  any  county  may  hold  County  Courts  in  any 
other  county  when  requested  by  the  judge  of  such  other  county. 

Surrogates'  Courts;  Surrogates,  their  Powers  and  Jurisdiction; 
Vacancies.  Sect.  15.  The  existing  Surrogates' Courts  are  continued, 
and  the  Surrogates  now  in  office  shall  hold  their  offices  until  the  ex- 
piration of  their  terms.  Their  successors  shall  be  chosen  by  the 
electors  of  their  respective  counties,  and  their  terms  of  office  shall 
be  six  years,  except  in  the  county  of  New  York,  where  they  shall 
continue  to  be  fourteen  years.  Surrogates  and  Surrogates'  Courts 
shall  have  the  jurisdiction  and  powers  which  the  Surrogates  and 
existing  Surrogates'  Courts  now  possess,  until  otherwise  provided  by 
the  Legislature.  The  County  Judge  shall  be  Surrogate  of  his  county, 
except  where  a  separate  Surrogate  has  been  or  shall  be  elected.  In 
counties  having  a  population  exceeding  forty  thousand,  wherein 
there  is  no  separate  Surrogate,  the  Legislature  may  provide  for  the 
election  of  a  separate  officer  to  be  Surrogate,  whose  term  of  office 
shall  be  six  years.  When  the  Surrogate  shall  be  elected  as  a  separate 
officer  his  salary  shall  be  established  by  law,  payable  out  of  the 
county  treasury.  No  County  Judge  or  Surrogate  shall  hold  office 
longer  than  until  and  including  the  last  day  of  December  next  after 


CONSTITUTION  OF  NEW  YORK  xxxi 

he  shall  be  seventy  years  of  age.  Vacancies  occurring  in  the  office  of 
County  Judge  or  Surrogate  shall  be  filled  in  the  same  manner  as  like 
vacancies  occurring  in  the  Supreme  Court.  The  compensation  of 
any  County  Judge  or  Surrogate  shall  not  be  increased  or  diminished 
during  his  term  of  office.  For  the  relief  of  Surrogates'  Courts  the 
Legislature  may  confer  upon  the  Supreme  Court  in  any  County 
having  a  population  exceeding  four  hundred  thousand,  the  powers 
and  jurisdiction  of  Surrogates,  with  authority  to  try  issues  of  fact 
by  jury  in  probate  cases. 

Local  Judicial  Officers.  Sect.  16.  The  Legislature  may,  on  appli- 
cation of  the  board  of  supervisors,  provide  for  the  election  of  local 
officers,  not  to  exceed  two  in  any  county,  to  discharge  the  duties  of 
County  Judge  and  of  Surrogate,  in  cases  of  their  inability  or  of  a 
vacancy,  and  in  such  other  cases  as  may  be  provided  by  law,  and  to 
exercise  such  other  powers  in  special  cases  as  are  or  maybe  provided 
by  law. 

Justices  of  the  Peace;  District  Court  Justices.  Sect.  17.  The 
electors  of  the  several  towns  shall,  at  their  annual  town  meetings,  or 
at  such  other  time  and  in  such  manner  as  the  Legislature  may  direct, 
elect  Justices  of  the  Peace,  whose  term  of  office  shall  be  four  years. 
In  case  of  an  election  to  fill  a  vacancy  occurring  before  the  expira- 
tion of  a  full  term,  they  shall  hold  for  the  residue  of  the  unexpired 
term.  Their  number  and  classification  may  be  regulated  by  law. 
Justices  of  the  Peace  and  judges  or  justices  of  inferior  courts  not  of 
record,  and  their  clerks,  may  be  removed  for  cause,  after  due  notice 
and  an  opportunity  of  being  heard  by  such  courts  as  are  or  may  be 
prescribed  by  law.  Justices  of  the  Peace  and  District  Court  Jus- 
tices may  be  elected  in  the  different  cities  of  this  State  in  such  man- 
ner and  with  such  powers,  and  for  such  terms,  respectively,  as  are 
or  shall  be  prescribed  by  law ;  all  other  judicial  officers  in  cities, 
whose  election  or  appointment  is  not  otherwise  provided  for  in  this 
article,  shall  be  chosen  by  the  electors  of  such  cities,  or  appointed  by 
some  local  authorities  thereof. 

Inferior  Local  Courts.  Sect.  18.  Inferior  local  courts  of  civil  and 
criminal  jurisdiction,  may  be  established  by  the  Legislature,  but  no 
inferior  local  court,  hereafter  created  shall  be  a  court  of  record. 
The  Legislature  shall  not  hereafter  confer  upon  any  inferior  or  local 
court  of  its  creation,  any  equity  jurisdiction  or  any  greater  jurisdic- 
tion in  other  respects  than  is  conferred  upon  County  Courts  by  or 


xxxii     ACTUAL  GOVERNMENT  OF  NEW  YORK 

under  this  article.  Except  as  herein  otherwise  provided,  all  judicial 
officers  shall  be  elected  or  appointed  at  such  times  and  in  such  man- 
ner as  the  Legislature  may  direct. 

Clerks  of  Courts.  Sect.  19.  Clerks  of  the  several  counties  shall 
be  clerks  of  the  Supreme  Court,  with  such  powers  and  duties  as  shall 
be  prescribed  by  law.  The  Justices  of  the  Appellate  Division  in 
each  department  shall  have  power  to  appoint  and  to  remove  a  clerk, 
who  shall  keep  his  office  at  a  place  to  be  designated  by  said  Justices. 
The  Clerk  of  the  Court  of  Appeals  shall  keep  his  office  at  the  seat 
of  government.  The  Clerk  of  the  Court  of  Appeals  and  the  Clerks 
of  the  Appellate  Division  shall  receive  compensation  to  be  estab- 
lished by  law  and  paid  out  of  the  public  treasury. 

No  Judicial  Officer,  except  Justice  of  the  Peace,  to  Receive  Fees ; 
not  to  act  as  Attorney  or  Counselor.  Sect.  20.  No  judicial  officer, 
except  Justices  of  the  Peace,  shall  receive  to  his  own  use  any  fees  or 
perquisites  of  office ;  nor  shall  any  Judge  of  the  Court  of  Appeals, 
or  Justice  of  the  Supreme  Court,  or  any  County  Judge  or  Surrogate 
hereafter  elected  in  a  county  having  a  population  exceeding  one  hun- 
dred and  twenty  thousand,  practice  as  an  attorney  or  counselor  in 
any  court  of  record  of  this  State,  or  act  as  referee.  The  Legislature 
may  impose  a  similar  prohibition  upon  County  Judges  and  Surro- 
gates in  other  counties.  No  one  shall  be  eligible  to  the  office  of 
Judge  of  the  Court  of  Appeals,  Justice  of  the  Supreme  Court,  or, 
except  in  the  county  of  Hamilton,  to  the  office  of  County  Judge  or 
Surrogate,  who  is  not  an  attorney  and  counselor  of  this  State. 

Publication  of  Statutes.  Sect.  21.  The  Legislature  shall  provide 
for  the  speedy  publication  of  all  statutes,  and  shall  regulate  the 
reporting  of  the  decisions  of  the  courts ;  but  all  laws  and  judicial 
decisions  shall  be  free  for  publication  by  any  person. 

Terms  of  Office  of  Present  Justices  of  the  Peace  and  Local  Judicial 
Officers.  Sect.  22.  Justices  of  the  Peace  and  other  local  judicial 
officers  provided  for  in  sections  seventeen  and  eighteen  in  office  when 
this  article  takes  effect,  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms. 

Courts  of  Special  Sessions.  Sect.  23.  Courts  of  Special  Sessions 
shall  have  such  jurisdiction  of  offenses  of  the  grade  of  misdemeanors 
as  may  be  prescribed  by  law. 


CONSTITUTION  OF  NEW  YORK  xxxiii 


ARTICLE  VII 

State  Credit  not  to  be  Given.  Sect.  i.  The  credit  of  the  State 
shall  not  in  any  manner  be  given  or  loaned  to  or  in  aid  of  any  indi- 
vidual, association  or  corporation. 

State  Debts,  Power  to  Contract.  Sect.  2.  The  State  may,  to 
meet  casual  deficits  or  failures  in  revenues,  or  for  expenses  not  pro- 
vided for,  contract  debts;  but  such  debts,  direct  or  contingent, 
singly  or  in  the  aggregate,  shall  not  at  any  time  exceed  one  million 
of  dollars ;  and  the  moneys  arising  from  the  loans  creating  such 
debts  shall  be  applied  to  the  purpose  for  which  they  were  obtained 
or  to  repay  the  debt  so  contracted,  and  to  no  other  purpose  whatever. 

State  Debts  to  Repel  Invasions.  Sect.  3.  In  addition  to  the 
above  limited  power  to  contract  debts,  the  State  may  contract  debts 
to  repel  invasion,  suppress  insurrection,  or  defend  the  State  in  war; 
but  the  money  arising  from  the  contracting  of  such  debts  shall  be 
applied  to  the  purpose  for  which  it  was  raised,  or  to  repay  such  debts, 
and  to  no  other  purpose  whatever. 

Limitation  of  Legislative  Power  to  create  Debts.  Sect.  4.1  Except 
the  debts  specified  in  sections  two  and  three  of  this  article,  no  debts 
shall  be  hereafter  contracted  by  or  in  behalf  of  this  State,  unless  such 
debt  shall  be  authorized  by  law,  for  some  single  work  or  object,  to 
be  distinctly  specified  therein  ;  and  such  law  shall  impose  and  provide 
for  the  collection  of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay, 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  of  such  debt  within  fifty  years  from  the  time  of  the 
contracting  thereof.  No  such  law  shall  take  effect  until  it  shall,  at 
a  general  election,  have  been  submitted  to  the  people,  and  have  re- 
ceived a  majority  of  all  the  votes  cast  for  and  against  it  at  such 
election.  On  the  final  passage  of  such  bill  in  either  house  of  the 
Legislature,  the  question  shall  be  taken  by  ayes  and  noes,  to  be  duly 
entered  on  the  journals  thereof,  and  shall  be :  "  Shall  this  bill  pass, 
and  ought  the  same  to  receive  the  sanction  of  the  people?  "  The 
Legislature  may  at  any  time  after  the  approval  of  such  law  by  the 
people,  if  no  debt  shall  have  been  contracted  in  pursuance  thereof, 
repeal  the  same ;  and  may  at  any  time,  by  law,  forbid  the  contract- 
ing of  any  further  debt  or  liability  under  such  law;   but  the  tax 

1  As  amended  November,  1909. 


xxxiv     ACTUAL  GOVERNMENT  OF  NEW  YORK 

imposed  by  such  act,  in  proportion  to  the  debt  and  liability  which 
may  have  been  contracted  in  pursuance  of  such  law,  shall  remain  in 
force  and  be  irrepealable,  and  be  annually  collected,  until  the. pro- 
ceeds thereof  shall  have  made  the  provision  hereinbefore  specified  to 
pay  and  discharge  the  interest  and  principal  of  such  debt  and  liability. 
The  money  arising  from  any  loan  or  stock  creating  such  debt  or 
liability  shall  be  applied  to  the  work  or  object  specified  in  the  act 
authorizing  such  debt  or  liability,  or  for  the  payment  of  such  debt 
or  liability,  and  for  no  other  purpose  whatever.  No  such  law  shall 
be  submitted  to  be  voted  on  within  three  months  after  its  passage 
or  at  any  general  election  when  any  other  law,  or  any  bill  shall  be 
submitted  to  be  voted  for  or  against.  The  Legislature  may  provide 
for  the  issue  of  bonds  of  the  State  to  run  for  a  period  not  exceeding 
fifty  years  in  lieu  of  bonds  heretofore  authorized  but  not  issued  and 
shall  impose  and  provide  for  the  collection  of  a  direct  annual  tax 
for  the  payment  of  the  same  as  hereinbefore  required.  When  any 
sinking  fund  created  under  this  section  shall  equal  in  amount  the  debt 
for  which  it  was  created,  no  further  direct  tax  shall  be  levied  on 
account  of  said  sinking  fund,  and  the  Legislature  shall  reduce  the 
tax  to  an  amount  equal  to  the  accruing  interest  on  such  debt.  The 
Legislature  may  from  time  to  time  alter  the  rate  of  interest  to  be  paid 
upon  any  State  debt,  which  has  been  or  may  be  authorized  pursu- 
ant to  the  provisions  of  this  section,  or  upon  any  part  of  such  debt, 
provided,  however,  that  the  rate  of  interest  shall  not  be  altered  upon 
any  part  of  such  debt  or  upon  any  bond  or  other  evidence  thereof, 
which  has  been,  or  shall  be  created  or  issued  before  such  alteration. 
In  case  the  Legislature  increase  the  rate  of  interest  upon  any  such 
debt,  or  part  thereof,  it  shall  impose  and  provide  for  the  collection 
of  a  direct  annual  tax  to  pay  and  sufficient  to  pay  the  increased  or 
altered  interest  on  such  debt  as  it  falls  due  and  also  to  pay  and  dis- 
charge the  principal  of  such  debt  within  fifty  years  from  the  time  of 
the  contracting  thereof,  and  shall  appropriate  annually  to  the  sink- 
ing fund  moneys  in  amount  sufficient  to  pay  such  interest  and  pay 
and  discharge  the  principal  of  such  debt  when  it  shall  become  due 
and  payable. 

Sinking  Fund,  how  Kept  and  Invested.  Sect.  5.  The  sinking 
funds  provided  for  the  payment  of  interest  and  the  extinguishment 
of  the  principal  of  the  debts  of  the  State  shall  be  separately  kept  and 
safely  invested,  and  neither  of  them  shall  be  appropriated  or  used  in 


CONSTITUTION  OF  NEW  YORK  xxxv 

any  manner  other  than  for  the  specific  purpose  for  which  it  shall  have 
been  provided. 

Claims  barred  by  Statute  of  Limitations.  Sect.  6.  Neither  the 
Legislature,  canal  board,  nor  any  person  or  persons  acting  in  behalf 
of  the  State,  shall  audit,  allow,  or  pay  any  claim  which,  as  between 
citizens  of  the  State,  would  be  barred  by  lapse  of  time.  This  provi- 
sion shall  not  be  construed  to  repeal  any  statute  fixing  the  time  within 
which  claims  shall  be  presented  or  allowed,  nor  shall  it  extend  to 
any  clsims  duly  presented  within  the  time  allowed  by  law,  and  prose- 
cuted with  due  diligence  from  the  time  of  such  presentment.  But 
if  the  claimant  shall  be  under  legal  disability,  the  claim  may  be  pre- 
sented within  two  years  after  such  disability  is  removed. 

Forest  Preserve.  Sect.  7.1  The  lands  of  the  State,  now  owned 
or  hereafter  acquired,  constituting  the  forest  preserve  as  now  fixed 
by  law,  shall  be  forever  kept  as  wild  forest  lands.  They  shall  not 
be  leased,  sold  or  exchanged,  or  be  taken  by  any  corporation,  pub- 
lic or  private,  nor  shall  the  timber  thereon  be  sold,  removed  or  de- 
stroyed. But  the  legislature  may  by  general  laws  provide  for  the 
use  of  not  exceeding  three  per  centum  of  such  lands  for  the  construc- 
tion and  maintenance  of  reservoirs  for  municipal  water  supply,  for 
the  canals  of  the  state  and  to  regulate  the  flow  of  streams.  Such 
reservoirs  shall  be  constructed,  owned  and  controlled  by  the  state, 
but  such  work  shall  not  be  undertaken  until  after  the  boundaries 
and  high  flow  lines  thereof  shall  have  been  accurately  surveyed  and 
fixed,  and  after  public  notice,  hearing  and  determination  that  such 
lands  are  required  for  such  public  use.  The  expense  of  any  such 
improvements  shall  be  apportioned  on  the  public  and  private  property 
and  municipalities  benefited  to  the  extent  of  the  benefits  received. 
Any  such  reservoir  shall  always  be  operated  by  the  state  and  the 
legislature  shall  provide  for  a  charge  upon  the  property  and  munici- 
palities benefited  for  a  reasonable  return  to  the  state  upon  the  value 
of  the  rights  and  property  of  the  state  used  and  the  services  of  the 
state  rendered,  which  shall  be  fixed  for  terms  of  not  exceeding  ten 
years  and  be  readjustable  at  the  end  of  any  term.  Unsanitary  con- 
ditions shall  not  be  created  or  continued  by  any  such  public  works. 
A  violation  of  any  of  the  provisions  of  this  section  may  be  restrained 
at  the  suit  of  the  people  or,  with  the  consent  of  the  Supreme  Court 

1  As  amended  November,  19 13. 


xxxvi     ACTUAL  GOVERNMENT  OF  NEW  YORK 

in  Appellate  Division  on  notice  to  the  Attorney-General  at  the  suit 
of  any  citizen. 

Canals,  not  to  be  Sold;  not  applied  to  Certain  Canals;  Disposition 
of  Funds.  Sect.  8.  The  legislature  shall  not  sell,  lease  or  otherwise 
dispose  of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  or  the  Black  River  canal ;  but  they 
shall  remain  the  property  of  the  State  and  under  its  management 
forever.  The  prohibition  of  lease,  sale  or  other  disposition  herein 
contained,  shall  not  apply  to  the  canal  known  as  the  Main  and 
Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and  which 
extends  easterly  from  the  westerly  line  of  Main  street  .to  the  westerly 
line  of  Hamburg  street.  All  funds  that  may  be  derived  from  any 
lease,  sale  or  other  disposition  of  any  canal  shall  be  applied  to  the 
improvement,  superintendence  or  repair  of  the  remaining  portion 
of  the  canals. 

No  Tolls  to  be  Imposed;  Contracts  for  Work  and  Materials;  no 
Extra  Compensation.  Sect.  9.  No  tolls  shall  hereafter  be  imposed 
on  persons  or  property  transported  on  the  canals,  but  all  boats  navi- 
gating the  canals  and  the  owners  and  masters  thereof,  shall  be  sub- 
ject to  such  laws  and  regulations  as  have  been  or  may  hereafter  be 
enacted  concerning  the  navigation  of  the  canals.  The  Legislature 
shall  annually,  by  equitable  taxes,  make  provision  for  the  expenses 
of  the  superintendence  and  repairs  of  the  canals.  All  contracts  for 
work  or  materials  on  any  canal  shall  be  made  with  the  persons  who 
shall  offer  to  do  or  provide  the  same  at  the  lowest  price,  with  ade- 
quate security  for  their  performance.  No  extra  compensation  shall 
be  made  to  any  contractor ;  but  if,  from  any  unforeseen  cause,  the 
terms  of  any  contract  shall  prove  to  be  unjust  and  oppressive,  the 
canal  board  may,  upon  the  application  of  the  contractor,  cancel  such 
contract. 

Canal  Improvement,  and  Cost  thereof.  Sect.  10.  The  canals 
may  be  improved  in  such  manner  as  the  Legislature  shall  provide  by 
law.  A  debt  may  be  authorized  for  that  purpose  in  the  mode  pre- 
scribed by  section  four  of  this  article,  or  the  cost  of  such  improve- 
ment may  be  defrayed  by  the  appropriation  of  funds  from  the  State 
treasury,  or  by  equitable  annual  tax. 

Payment  of  State  Debts.  Sect,  ii.1  The  Legislature  may  ap- 
propriate out  of  any  funds  in  the  treasury,  moneys  to  pay  the  accru- 

1  As  adopted  November  1905  ;  in  effect  January,  1906. 


CONSTITUTION  OF  NEW  YORK  xxxvii 

ing  interest  and  principal  of  any  debt  heretofore  or  hereafter  created, 
or  any  part  thereof  and  may  set  apart  in  each  fiscal  year,  moneys  in 
the  State  treasury  as  a  sinking  fund  to  pay  the  interest  as  it  falls 
due  and  to  pay  and  discharge  the  principal  of  any  debt  heretofore 
or  hereafter  created  under  section  four  of  article  seven  of  the  consti- 
tution until  the  same  shall  be  wholly  paid,  and  the  principal  and 
income  of  such  sinking  fund  shall  be  applied  to  the  purpose  for  which 
said  sinking  fund  is  created  and  to  no  other  purpose  whatever ;  and, 
in  the  event  such  moneys  so  set  apart  in  any  fiscal  year  be  sufficient 
to  provide  such  sinking  fund,  a  direct  annual  tax  for  such  year  need 
not  be  imposed  and  collected,  as  required  by  the  provisions  of  said 
section  four  of  article  seven,  or  of  any  law  enacted  in  pursuance 
thereof. 

Improvement  of  Highways.  Sect.  12.1  A  debt  or  debts  of  the 
State  may  be  authorized  by  law  for  the  improvement  of  highways. 
Such  highways  shall  be  determined  under  general  laws,  which  shall 
also  provide  for  the  equitable  apportionment  thereof  among  the  coun- 
ties. The  aggregate  of  the  debts  authorized  by  this  section  shall  not 
at  any  one  time  exceed  the  sum  of  fifty  millions  of  dollars.  The  pay- 
ment of  the  annual  interest  on  such  debt  and  the  creation  of  a  sinking 
fund  of  at  least  two  per  centum  per  annum  to  discharge  the  prin- 
cipal at  maturity  shall  be  provided  by  general  laws  whose  force  and 
effect  shall  not  be  diminished  during  the  existence  of  any  debt  created 
thereunder.  The  Legislature  may  by  general  laws  require  the 
county  or  town  or  both  to  pay  to  the  sinking  fund  the  proportionate 
part  of  the  cost  of  any  such  highway  within  the  boundaries  of  such 
county  or  town  and  the  proportionate  part  of  the  interest  thereon, 
but  no  county  shall  at  any  time  for  any  highway  be  required  to  pay 
more  than  thirty-five  hundredths  of  the  cost  of  such  highway,  and 
no  town  more  than  fifteen  hundredths.  None  of  the  provisions  of 
the  fourth  section  of  this  article  shall  apply  to  debts  for  the  improve- 
ment of  highways  hereby  authorized. 

ARTICLE   VIII 

Corporations,  Formation  of.  Sect.  1.  Corporations  may  be  formed 
under  general  laws;  but  shall  not  be  created  by  special  act,  except 
for  municipal  purposes,  and  in  cases  where,  in  the  judgment  of  the 

1  As  adopted  November,  1905  ;   in  effect  January,  1906. 


xxxviii     ACTUAL  GOVERNMENT  OF  NEW  YORK 

Legislature,  the  objects  of  the  corporation  cannot  be  attained  under 
general  laws.  All  general  laws  and  special  acts  passed  pursuant  to 
this  section  may  be  altered  from  time  to  time  or  repealed. 

Dues  of  Corporations.  Sect.  2.  Dues  from  corporations  shall  be 
secured  by  such  individual  liability  of  the  corporators  and  other 
means  as  may  be  prescribed  by  law. 

Corporation,  Definition  of  Term.  Sect.  3.  The  term  corporations 
as  used  in  this  article  shall  be  construed  to  include  all  associations 
and  joint-stock  companies  having  any  of  the  powers  or  privileges  of 
corporations  not  possessed  by  individuals  or  partnerships.  And  all 
corporations  shall  have  the  right  to  sue  and  shall  be  subject  to  be 
sued  in  all  courts  in  like  cases  as  natural  persons. 

Savings  Bank  Charters ;  Restrictions  upon  Trustees ;  Special  Char- 
ters not  to  be  granted.  Sect.  4.  The  Legislature  shall,  by  general 
law,  conform  all  charters  of  savings  banks,  or  institutions  for  savings, 
to  a  uniformity  of  powers,  rights  and  liabilities,  and  all  charters  here- 
after granted  for  such  corporations  shall  be  made  to  conform  to  such 
general  law,  and  to  such  amendments  as  may  be  made  thereto.  And 
no  such  corporation  shall  have  any  capital  stock,  nor  shall  the  trustees 
thereof,  or  any  of  them,  have  any  interest  whatever,  direct  or  in- 
direct, in  the  profits  of  such  corporation ;  and  no  director  or  trustee 
of  any  such  bank  or  institution  shall  be  interested  in  any  loan  or 
use  of  any  money  or  property  of  such  bank  or  institution  for  savings. 
The  Legislature  shall  have  no  power  to  pass  any  act  granting  any 
special  charter  for  banking  purposes;  but  corporations  or  associa- 
tions may  be  formed  for  such  purposes  under  general  laws. 

Specie  Payment.  Sect.  5.  The  Legislature  shall  have  no  power 
to  pass  any  law  sanctioning  in  any  manner,  directly  or  indirectly, 
the  suspension  of  specie  payments,  by  any  person,  association  or 
corporation,  issuing  bank  notes  of  any  description. 

Registry  of  Bills  or  Notes.  Sect.  6.  The  Legislature  shall  pro- 
vide by  law  for  the  registry  of  all  bills  or  notes,  issued  or  put  in  cir- 
culation as  money,  and  shall  require  ample  security  for  the  redemption 
of  the  same  in  specie. 

Liability  of  Stockholders  of  Banks.  Sect.  7.  The  stockholders  of 
every  corporation  and  joint-stock  association  for  banking  purposes, 
shall  be  individually  responsible  to  the  amount  of  their  respective 
share  or  shares  of  stock  in  any  such  corporation  or  association,  for 
all  its  debts  and  liabilities  of  every  kind. 


CONSTITUTION  OF  NEW  YORK  xxxix 

Billholders  of  Insolvent  Bank,  Preferred  Creditors.  Sect.  8.  In 
case  of  the  insolvency  of  any  bank  or  banking  association,  the  bill- 
holders  thereof  shall  be  entitled  to  preference  in  payment,  over  all 
other  creditors  of  such  bank  or  association. 

Credit  or  Money  of  the  State  not  to  be  given.  Sect.  9.  Neither 
the  credit  nor  the  money  of  the  State  shall  be  given  or  loaned  to  or 
in  aid  of  any  association,  corporation  or  private  undertaking.  This 
section  shall  not,  however,  prevent  the  Legislature  from  making  such 
provision  for  the  education  and  support  of  the  blind,  the  deaf  and 
dumb,  and  juvenile  delinquents,  as  to  it  may  seem  proper.  Nor 
shall  it  apply  to  any  fund  or  property  now  held,  or  which  may  here- 
after be  held,  by  the  State  for  educational  purposes. 

Limitation  of  Indebtedness  of  Counties,  Cities,  Towns  and  Villages ; 
Exception  as  to  City  of  New  York.  Sect,  io.1  No  county,  city, 
town  or  village  shall  hereafter  give  any  money  or  property,  or  loan  its 
money  or  credit  to  or  in  aid  of  any  individual,  association  or  corpora- 
tion, or  become  directly  or  indirectly  the  owner  of  stock  in,  or  bonds 
of,  any  association  or  corporation ;  nor  shall  any  such  county,  city, 
town  or  village  be  allowed  to  incur  any  indebtedness  except  for  county, 
city,  town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the  aid 
or  support  of  its  poor  as  may  be  authorized  by  law.  No  county  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  ten  per  centum  of  the  assessed  valuation  of  the  real  estate  of 
such  county  or  city  subject  to  taxation,  as  it  appeared  by  the  assess- 
ment rolls  of  said  county  or  city  on  the  last  assessment  for  State 
or  county  taxes  prior  to  the  incurring  of  such  indebtedness ;  and  all 
indebtedness  in  excess  of  such  limitation,  except  such  as  now  may 
exist,  shall  be  absolutely  void,  except  as  herein  otherwise  provided. 
No  county  or  city  whose  present  indebtedness  exceeds  ten  per  centum 
of  the  assessed  valuation  of  its  real  estate  subject  to  taxation,  shall 
be  allowed  to  become  indebted  in  any  further  amount  until  such 
indebtedness  shall  be  reduced  within  such  limit.  This  section  shall 
not  be  construed  to  prevent  the  issuing  of  certificates  of  indebtedness 
or  revenue  bonds  issued  in  anticipation  of  the  collection  of  taxes  or 
amounts  actually  contained,  or  to  be  contained  in  the  taxes  for  the 
year  when  such  certificates  or  revenue  bonds  are  issued  and  payable 

1  As  amended  November,  191 7. 


xl         ACTUAL  GOVERNMENT  OF  NEW  YORK 

out  of  such  taxes ;  nor  to  prevent  the  city  of  New  York  from  issuing 
bonds  to  be  redeemed  out  of  the  tax  levy  for  the  year  next  succeeding 
the  year  of  their  issue,  provided  that  the  amount  of  such  bonds 
which  may  be  issued  in  any  one  year  in  excess  of  the  limitations 
herein  contained  shall  not  exceed  one-tenth  of  one  per  centum  of  the 
assessed  valuation  of  the  real  estate  of  said  city  subject  to  taxation. 
Nor  shall  this  section  be  construed  to  prevent  the  issue  of  bonds  to 
provide  for  the  supply  of  water ;  but  the  term  of  the  bonds  issued 
to  provide  for  the  supply  of  water,  in  excess  of  the  limitation  of  in- 
debtedness fixed  herein,  shall  not  exceed  twenty  years,  and  a  sink- 
ing fund  shall  be  created  on  the  issuing  of  the  said  bonds  for  their 
redemption,  by  raising  annually  a  sum  which  will  produce  an  amount 
equal  to  the  sum  of  the  principal  and  interest  of  said  bonds  at  their 
maturity.  All  certificates  of  indebtedness  or  revenue  bonds  issued 
in  anticipation  of  the  collection  of  taxes,  which  are  not  retired  within 
five  years  after  their  date  of  issue,  and  bonds  issued  to  provide  for 
the  supply  of  water,  and  any  debt  hereafter  incurred  by  any  portion 
or  part  of  a  city  if  there  shall  be  any  such  debt,  shall  be  included 
in  ascertaining  the  power  of  the  city  to  become  otherwise  indebted ; 
except  that  debts  incurred  by  any  city  of  the  first  class  after  the  first 
day  of  January,  nineteen  hundred  and  four,  and  debts  incurred  by 
any  city  of  the  second  class  after  the  first  day  of  January,  nineteen 
hundred  and  eight,  and  debts  incurred  by  any  city  of  the  third  class 
after  the  first  day  of  January,  nineteen  hundred  and  ten,  to  provide 
for  the  supply  of  water,  shall  not  be  so  included  ;  and  except  further 
that  any  debt  hereafter  incurred  by  the  city  of  New  York  for  a  pub- 
lic improvement  owned  or  to  be  owned  by  the  city,  which  yields  to 
the  city  current  net  revenue,  after  making  any  necessary  allowance 
for  repairs  and  maintenance  for  which  the  city  is  liable,  in  excess  of 
the  interest  on  said  debt  and  of  the  annual  instalments  necessary 
for  its  amortization  may  be  excluded  in  ascertaining  the  power  of 
said  city  to  become  otherwise  indebted,  provided  that  a  sinking  fund 
for  its  amortization  shall  have  been  established  and  maintained  and 
that  the  indebtedness  shall  not  be  so  excluded  during  any  period  of 
time  when  the  revenue  aforesaid  shall  not  be  sufficient  to  equal  the 
said  interest  and  amortization  instalments,  and  except  further  that 
any  indebtedness  heretofore  incurred  by  the  city  of  New  York  for 
any  rapid  transit  or  dock  investment  may  be  so  excluded  propor- 
tionately to  the  extent  to  which  the  current  net  revenue  received  by 


CONSTITUTION  OF  NEW  YORK  xli 

said  city  therefrom  shall  meet  the  interest  and  amortization  instal- 
ments thereof,  provided  that  any  increase  in  the  debt  incurring 
power  of  the  city  of  New  York  which  shall  result  from  the  exclusion 
of  debts  heretofore  incurred  shall  be  available  only  for  the  acquisition 
or  construction  of  properties  to  be  used  for  rapid  transit  or  dock  pur- 
poses. The  Legislature  shall  prescribe  the  method  by  which  and  the 
terms  and  conditions  under  which  the  amount  of  any  debt  to  be  so 
excluded  shall  be  determined,  and  no  such  debt  shall  be  excluded 
except  in  accordance  with  the  determination  so  prescribed.  The 
Legislature  may  in  its  discretion  confer  appropriate  jurisdiction  on 
the  Appellate  Division  of  the  Supreme  Court  in  the  first  judicial 
department  for  the  purpose  of  determining  the  amount  of  any  debt 
to  be  so  excluded.  No  indebtedness  of  a  city  valid  at  the  time  of  its 
inception  shall  thereafter  become  invalid  by  reason  of  the  operation 
of  any  of  the  provisions  of  this  section.  Whenever  the  boundaries 
of  any  city  are  the  same  as  those  of  a  county,  or  when  any  city  shall 
include  within  its  boundaries  more  than  one  county,  the  power  of 
any  county  wholly  included  within  such  city  to  become  indebted 
shall  cease,  but  the  debt  of  the  county,  heretofore  existing,  shall  not, 
for  the  purposes  of  this  section,  be  reckoned  as  a  part  of  the  city 
debt.  The  amount  hereafter  to  be  raised  by  tax  for  county  or  city 
purposes,  in  any  county  containing  a  city  of  over  one  hundred  thou- 
sand inhabitants,  or  any  such  city  of  this  State,  in  addition  to  provid- 
ing for  the  principal  and  interest  of  existing  debt,  shall  not  in  the  aggre- 
gate exceed  in  any  one  year  two  per  centum  of  the  assessed  valuation 
of  the  real  and  personal  estate  of  such  county  or  city,  to  be  ascer- 
tained as  prescribed  in  this  section  in  respect  to  county  or  city  debt. 
State  Board  of  Charities ;  State  Commission  in  Lunacy ;  State  Com- 
mission of  Prisons.  Sect.  ii.  The  Legislature  shall  provide  for  a 
state  board  of  charities,  which  shall  visit  and  inspect  all  institutions, 
whether  state,  county,  municipal,  incorporated  or  not  incorporated, 
which  are  of  a  charitable,  eleemosynary,  correctional  or  reformatory 
character,  excepting  only  such  institutions  as  are  hereby  made  sub- 
ject to  the  visitation  and  inspection  of  either  of  the  commissions, 
hereinafter  mentioned,  but  including  all  reformatories  except  those 
in  which  adult  males  convicted  of  felony  shall  be  confined ;  a  state 
commission  in  lunacy  which  shall  visit  and  inspect  all  institutions, 
either  public  or  private,  used  for  the  care  and  treatment  of  the 
insane  (not  including  institutions  for  epileptics  or  idiots) ;   a  state 


xlii       ACTUAL  GOVERNMENT  OF  NEW  YORK 

commission  of  prisons  which  shall  visit  and  inspect  all  institutions 
used  for  the  detention  of  sane  adults  charged  with  or  convicted  of 
crime,  or  detained  as  witnesses  or  debtors. 

Boards  Appointed  by  Governor.  Sect.  12.  The  members  of  the 
said  board  and  of  the  said  commissions  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate ;  and 
any  member  may  be  removed  from  office  by  the  Governor  for  cause, 
an  opportunity  having  been  given  him  to  be  heard  in  his  defense. 

Existing  Laws  to  remain  in  Force.  Sect.  13.  Existing  laws  relat- 
ing to  institutions  referred  to  in  the  foregoing  sections  and  to  their 
supervision  and  inspection,  in  so  far  as  such  laws  are  not  inconsist- 
ent with  the  provisions  of  the  Constitution,  shall  remain  in  force 
until  amended  or  repealed  by  the  Legislature.  The  visitation  and 
inspection  herein  provided  for  shall  not  be  exclusive  of  other 
visitation  and  inspection  now  authorized  by  law. 

Maintenance  and  Support  of  Inmates  of  Charitable  Institutions. 
Sect.  14.  Nothing  in  this  Constitution  contained  shall  prevent  the 
Legislature  from  making  such  provision  for  the  education  and  sup- 
port of  the  blind,  the  deaf  and  dumb,  and  juvenile  delinquents,  as  to 
it  may  seem  proper;  or  prevent  any  county,  city,  town  or  village 
from  providing  for  the  care,  support,  maintenance  and  secular  educa- 
tion of  inmates  of  orphan  asylums,  homes  for  dependent  children  or 
correctional  institutions,  whether  under  public  or  private  control. 
Payments  by  counties,  cities,  towns  and  villages  to  charitable,  elee- 
mosynary, correctional  and  reformatory  institutions,  wholly  or 
partly  under  private  control,  for  care,  support  and  maintenance, 
may  be  authorized,  but  shall  not  be  required  by  the  Legislature. 
No  such  payments  shall  be  made  for  any  inmate  of  such  institutions 
who  is  not  received  and  retained  therein  pursuant  to  rules  estab- 
lished by  the  state  board  of  charities.  Such  rules  shall  be  subject 
to  the  control  of  the  Legislature  by  general  laws. 

Commissioners  continued  in  Office.  Sect.  15.  Commissioners 
of  the  state  board  of  charities  and  commissioners  of  the  state  com- 
mission in  lunacy,  now  holding  office,  shall  be  continued  in  office  for 
the  term  for  which  they  were  appointed,  respectively,  unless  the 
Legislature  shall  otherwise  provide.  The  Legislature  may  confer 
upon  the  commissions  and  upon  the  board  mentioned  in  the  fore- 
going sections  any  additional  powers  that  are  not  inconsistent  with 
other  provisions  of  the  Constitution. 


CONSTITUTION  OF  NEW  YORK  xliii 


ARTICLE  IX 

Common  Schools.  Sect.  i.  The  Legislature  shall  provide  for 
the  maintenance  and  support  of  a  system  of  free  common  schools, 
wherein  all  the  children  of  this  State  may  be  educated. 

Regents  of  the  University.  Sect.  2.  The  corporation  created  in 
the  year  one  thousand  seven  hundred  and  eighty-four,  under  the 
name  of  The  Regents  of  the  University  of  the  State  of  New  York, 
is  hereby  continued  under  the  name  of  The  University  of  the  State 
of  New  York.  It  shall  be  governed  and  its  corporate  powers,  which 
may  be  increased,  modified  or  diminished  by  the  Legislature,  shall 
be  exercised  by  not  less  than  nine  regents. 

Common  School,  Literature  and  the  United  States  Deposit  Funds. 
Sect.  3.  The  capital  of  the  common  school  fund,  the  capital  of  the 
literature  fund,  and  the  capital  of  the  United  States  deposit  fund, 
shall  be  respectively  preserved  inviolate.  The  revenue  of  the  said 
common  school  fund  shall  be  applied  to  the  support  of  common 
schools ;  the  revenue  of  the  said  literature  fund  shall  be  applied  to 
the  support  of  academies ;  and  the  sum  of  twenty-five  thousand 
dollars  of  the  revenues  of  the  United  States  deposit  fund  shall  each 
year  be  appropriated  to  and  made  part  of  the  capital  of  the  said 
common  school  fund. 

No  Aid  in  Denominational  Schools.  Sect.  4.  Neither  the  State 
nor  any  subdivision  thereof,  shall  use  its  property  or  credit  or  any 
public  money  or  authorize  or  permit  either  to  be  used,  directly  or 
indirectly,  in  aid  or  maintenance,  other  than  for  examination  or 
inspection,  of  any  school  or  institution  of  learning  wholly  or  in  part 
under  the  control  or  direction  of  any  religious  denomination,  or  in 
which  any  denominational  tenet  or  doctrine  is  taught. 

ARTICLE  X 

Sheriffs,  Clerks  of  Counties,  District  Attorneys  and  Registers; 
Governor  may  remove.  Sect.  i.  Sheriffs,  clerks  of  counties,  district 
attorneys  and  registers  in  counties  having  registers,  shall  be  chosen 
by  the  electors  of  the  respective  counties,  once  in  every  three  years 
and  as  often  as  vacancies  shall  happen,  except  in  the  counties  of 
New  York  and  Kings,  and  in  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the 


xliv     ACTUAL  GOVERNMENT  OF  NEW  YORK 

electors  once  in  every  two  or  four  years  as  the  Legislature  shall  direct. 
Sheriffs  shall  hold  no  other  office  and  be  ineligible  for  the  next  term 
after  the  termination  of  their  offices.  They  may  be  required  by  law 
to  renew  their  security,  from  time  to  time ;  and  in  default  of  giving 
such  new  security,  their  offices  shall  be  deemed  vacant.  But  the 
county  shall  never  be  made  responsible  for  the  acts  of  the  sheriff. 
The  Governor  may  remove  any  officer,  in  this  section  mentioned, 
within  the  term  for  which  he  shall  have  been  elected ;  giving  to  such 
officer  a  copy  of  the  charges  against  him,  and  an  opportunity  of  being 
heard  in  his  defense. 

Appointment  or  Election  of  Officers,  not  provided  for  by  this  Con- 
stitution. Sect.  2.  All  county  officers  whose  election  or  appoint- 
ment is  not  provided  for  by  this  Constitution,  shall  be  elected  by 
the  electors  of  the  respective  counties  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  Legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or  appoint- 
ment is  not  provided  for  by  this  Constitution,  shall  be  elected  by 
the  electors  of  such  cities,  towns  and  villages,  or  of  some  divi- 
sion thereof,  or  appointed  by  such  authorities  thereof,  as  the  Legis- 
lature shall  designate  for  that  purpose.  All  other  officers,  whose 
election  or  appointment  is  not  provided  for  by  this  Constitution, 
and  all  officers,  whose  offices  may  hereafter  be  created  by  law, 
shall  be  elected  by  the  people,  or  appointed,  as  the  Legislature 
may  direct. 

Duration  of  Term.  Sect.  3.  When  the  duration  of  any  office  is 
not  provided  by  this  Constitution  it  may  be  declared  by  law,  and  if 
not  so  declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment. 

Time  of  Election.  Sect.  4,  The  time  of  electing  all  officers  named 
in  this  article  shall  be  prescribed  by  law. 

Vacancies  in  Offices;  how  Filled.  Sect.  5.  The  Legislature  shall 
provide  for  filling  vacancies  in  office,  and  in  case  of  elective  officers, 
no  person  appointed  to  fill  a  vacancy  shall  hold  his  office  by  virtue 
of  such  appointment  longer  than  the  commencement  of  the  political 
year  next  succeeding  the  first  annual  election  after  the  happening  of 
the  vacancy. 

Political  Year.  Sect.  6.  The  political  year  and  legislative  term 
shall  begin  on  the  first  day  of  January ;  and  the  Legislature  shall, 
every  year,  assemble  on  the  first  Wednesday  in  January. 


CONSTITUTION  OF  NEW  YORK  xlv 

Removal  from  Office  for  Misconduct,  etc.  Sect.  7.  Provision 
shall  be  made  by  law  for  the  removal  for  misconduct  or  malversation 
in  office  of  all  officers,  except  judicial,  whose  powers  and  duties  are 
not  local  or  legislative  and  who  shall  be  elected  at  general  elections, 
and  also  for  supplying  vacancies  created  by  such  removal. 

Office  deemed  Vacant.  Sect.  8.  The  Legislature  may  declare  the 
cases  in  which  any  office  shall  be  deemed  vacant  when  no  provision 
is  made  for  that  purpose  in  this  constitution. 

Compensation  of  Officers.  Sect.  9.  No  officer  whose  salary  is 
fixed  by  the  Constitution  shall  receive  any  additional  compensation. 
Each  of  the  other  state  officers  named  in  the  Constitution  shall,  during 
his  continuance  in  office,  receive  a  compensation,  to  be  fixed  by  law, 
which  shall  not  be  increased  or  diminished  during  the  term  for  which 
he  shall  have  been  elected  or  appointed ;  nor  shall  he  receive  to  his 
use  any  fees  or  perquisites  of  office  or  other  compensation. 

ARTICLE   XI 

State  Militia.  Sect.  i.  All  able-bodied  male  citizens  between  the 
ages  of  eighteen  and  forty-five  years,  who  are  residents  of  the  State, 
shall  constitute  the  militia,  subject  however  to  such  exemptions  as 
are  now,  or  may  be  hereafter  created  by  the  laws  of  the  United 
States,  or  by  the  Legislature  of  this  State. 

Enlistment.  Sect.  2.  The  Legislature  may  provide  for  the  en- 
listment into  the  active  force  of  such  other  persons  as  may  make 
application  to  be  so  enlisted. 

Organization  of  Militia.  Sect  3.  The  militia  shall  be  organized 
and  divided  into  such  land  and  naval,  and  active  and  reserve  forces, 
•as  the  Legislature  may  deem  proper,  provided  however  that  there 
shall  be  maintained  at  all  times  a  force  of  not  less  than  ten  thousand 
enlisted  men,  fully  uniformed,  armed,  equipped,  disciplined  and  ready 
for  active  service.  And  it  shall  be  the  duty  of  the  Legislature  at  each 
session  to  make  sufficient  appropriations  for  the  maintenance  thereof. 

Appointment  of  Military  Officers  by  the  Governor.  Sect.  4.  The 
Governor  shall  appoint  the  chiefs  of  the  several  staff  departments, 
his  aides-de-camp  and  military  secretary,  all  of  whom  shall  hold 
office  during  his  pleasure,  their  commissions  to  expire  with  the  term 
for  which  the  Governor  shall  have  been  elected ;  he  shall  also  nomi- 
nate, and  with  the  consent  of  the  Senate  appoint,  all  major-generals 


xlvi      ACTUAL  GOVERNMENT  OF  NEW  YORK 

Manner  of  Election  of  Military  Officers  prescribed  by  Legislature. 

Sect.  5.  All  other  commissioned  and  non-commissioned  officers 
shall  be  chosen  or  appointed  in  such  manner  as  the  Legislature  may 
deem  most  conducive  to  the  improvement  of  the  militia,  provided, 
however,  that  no  law  shall  be  passed  changing  the  existing  mode  of 
election  and  appointment  unless  two-thirds  of  the  members  present 
in  each  house  shall  concur  therein. 

Commissioned  Officers ;  their  Removal.  Sect.  6.  The  commis- 
sioned officers  shall  be  commissioned  by  the  Governor  as  commander- 
in-chief.  No  commissioned  officer  shall  be  removed  from  office 
during  the  term  for  which  he  shall  have  been  appointed  or  elected, 
unless  by  the  Senate  on  the  recommendation  of  the  Governor,  stating 
the  grounds  on  which  such  removal  is  recommended,  or  by  the  sen- 
tence of  a  court-martial,  or  upon  the  findings  of  an  examining  board 
organized  pursuant  to  law,  or  for  absence  without  leave  for  a  period 
of  six  months  or  more. 

ARTICLE  XII 

Organization  of  Cities  and  Villages.  Sect,  i.1  It  shall  be  the 
duty  of  the  Legislature  to  provide  for  the  organization  of  cities  and 
incorporated  villages,  and  to  restrict  their  power  of  taxation,  assess- 
ment, borrowing  money,  contracting  debts,  and  loaning  their  credit, 
so  as  to  prevent  abuses  in  assessments  and  in  contracting  debt  by 
such  municipal  corporations ;  and  the  Legislature  may  regulate  and 
fix  the  wages  or  salaries,  the  hours  of  work  or  labor,  and  make  pro- 
vision for  the  protection,  welfare  and  safety  of  persons  employed  by 
the  State  or  by  any  county,  city,  town,  village  or  other  civil  division 
of  the  State,  or  by  any  contractor  or  subcontractor  performing  work, 
labor  or  services  for  the  State,  or  for  any  county,  city,  town,  village 
or  other  civil  division  thereof. 

Classification  of  Cities ;  General  and  Special  City  Laws ;  Special  City 
Laws;  how  passed  by  Legislature  and  accepted  by  Cities.  Sect.  2? 
All  cities  are  classified  according  to  the  latest  state  enumeration,  as 
from  time  to  time  made,  as  follows :  The  first  class  includes  all 
cities  having  a  population  of  one  hundred  and  seventy-five  thousand 
or  more ;  the  second  class,  all  cities  having  a  population  of  fifty  thou- 
sand and  less  than  one  hundred  and  seventy-five  thousand ;  the  third 

1  As  amended  November,  1905. 

2  As  amended  November,  1907. 


CONSTITUTION  OF  NEW  YORK  xlvii 

class,  all  other  cities.  Laws  relating  to  the  property,  affairs  or  gov- 
ernment of  cities,  and  the  several  departments  thereof,  are  divided 
into  general  and  special  city  laws ;  general  city  laws  are  those  which 
relate  to  all  the  cities  of  one  or  more  classes;  special  city  laws  are 
those  which  relate  to  a  single  city,  or  to  less  than  all  the  cities  of  a 
class.  Special  city  laws  shall  not  be  passed  except  in  conformity 
with  the  provisions  of  this  section.  After  any  bill  for  a  special  city 
law,  relating  to  a  city,  has  been  passed  by  both  branches  of  the 
Legislature,  the  house  in  which  it  originated  shall  immediately  trans- 
mit a  certified  copy  thereof  to  the  mayor  of  such  city,  and  within 
fifteen  days  thereafter  the  mayor  shall  return  such  bill  to  the  house 
from  which  it  was  sent,  or  if  the  session  of  the  Legislature  at  which 
such  bill  was  passed  has  terminated,  to  the  Governor,  with  the 
mayor's  certificate  thereon,  stating  whether  the  city  has  or  has  not 
accepted  the  same.  In  every  city  of  the  first  class,  the  mayor,  and 
in  every  other  city,  the  mayor  and  the  legislative  body  thereof  con- 
currently, shall  act  for  such  city  as  to  such  bill ;  but  the  Legislature 
may  provide  for  the  concurrence  of  the  legislative  body  in  cities  of 
the  first  class.  The  Legislature  shall  provide  for  a  public  notice 
and  opportunity  for  a  public  hearing  concerning  any  such  bill  in 
every  city  to  which  it  relates,  before  action  thereon.  Such  a  bill, 
if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the  mayor 
of  each  city  to  which  it  relates,  and  shall  not  be  deemed  accepted 
unless  accepted  as  herein  provided,  by  every  such  city.  Whenever 
any  such  bill  is  accepted  as  herein  provided,  it  shall  be  subject  as 
are  other  bills,  to  the  action  of  the  Governor.  Whenever,  during 
the  session  at  which  it  was  passed,  any  such  bill  is  returned  without 
the  acceptance  of  the  city  or  cities  to  which  it  relates,  or  within  such 
fifteen  days  is  not  returned,  it  may  nevertheless  again  be  passed 
by  both  branches  of  the  legislature,  and  it  shall  then  be  subject  as 
are  other  bills,  to  the  action  of  the  Governor.  In  every  special  city 
law  which  has  been  accepted  by  the  city  or  cities  to  which  it  relates, 
the  title  shall  be  followed  by  the  words  "  accepted  by  the  city,"  or 
"  cities,"  as  the  case  may  be ;  in  every  such  law  which  is  passed 
without  such  acceptance,  by  the  words  "  passed  without  the  accept- 
ance of  the  city,"  or  "  cities,"  as  the  case  may  be. 

Election  of  City  Officers,  when  to  be  Held ;  Extension  and  Abridg- 
ment of  Terms.  Sect.  3.  All  elections  of  city  officers,  including 
supervisors  and  judicial  officers  of  inferior  local  courts,  elected  in 


xlviii     ACTUAL  GOVERNMENT  OF  NEW  YORK 

any  city  or  part  of  a  city,  and  of  county  officers  elected  in  the 
counties  of  New  York  and  Kings,  and  in  all  counties  whose  bound- 
aries are  the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall 
be  held  on  the  Tuesday  succeeding  the  first  Monday  in  November 
in  an  odd-numbered  year,  and  the  term  of  every  such  officer  shall 
expire  at  the  end  of  an  odd-numbered  year.  The  terms  of  office 
of  all  such  officers  elected  before  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-five,  whose  successors  have  not 
then  been  elected,  which  under  existing  laws  would  expire  with  an 
even-numbered  year,  or  in  an  odd-numbered  year  and  before  the 
end  thereof,  are  extended  to  and  including  the  last  day  of  December 
next  following  the  time  when  such  terms  would  otherwise  expire ; 
the  terms  of  office  of  all  such  officers,  which  under  existing  laws 
would  expire  in  an  even-numbered  year,  and  before  the  end  thereof, 
are  abridged  so  as  to  expire  at  the  end  of  the  preceding  year.  This 
section  shall  not  apply  to  any  city  of  the  third  class,  or  to  elections 
of  any  judicial  officer,  except  judges  and  justices  of  inferior  local 
courts. 

ARTICLE  XIII 

Oath  of  Office.  Sect.  i.  Members  of  the  Legislature,  and  all 
officers  executive  and  judicial,  except  such  inferior  officers  as  shall 
be  by  law  exempted  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or  affirma- 
tion :  "  I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Con- 
stitution of  the  United  States,  and  the  Constitution  of  the  State  of 
New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the 

office  of ,  according  to  the  best  of  my  ability  " ;    and  all  such 

officers  who  shall  have  been  chosen  at  any  election  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
oath  or  affirmation  above  prescribed,  together  with  the  following 
addition  thereto,  as  part  thereof : 

"  And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute,  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have  not 
made  any  promise  to  influence  the  giving  or  withholding  any  such 


CONSTITUTION  OF  NEW  YORK  xlix 

vote,"  and  no  other  oath,  declaration  or  test  shall  be  required  as  a 
qualification  for  any  office  of  public  trust. 

Official  Bribery  and  Corruption.  Sect.  2.  Any  person  holding 
office  under  the  laws  of  this  State,  who,  except  in  payment  of  his 
legal  salary,  fees  or  perquisites,  shall  receive  or  consent  to  receive, 
directly  or  indirectly,  anything  of  value  or  of  personal  advantage, 
or  the  promise  thereof,  for  performing  or  omitting  to  perform  any 
official  act,  or  with  the  express  or  implied  understanding  that  his 
official  action  or  omission  to  act  is  to  be  in  any  degree  influenced 
thereby,  shall  be  deemed  guilty  of  a  felony.  This  section  shall  not 
affect  the  validity  of  any  existing  statute  in  relation  to  the  offense 
of  bribery. 

Offer  or  Promise  to  Bribe.  Sect.  3.  Any  person  who  shall  offer 
or  promise  a  bribe  to  an  officer,  if  it  shall  be  received,  shall  be  deemed 
guilty  of  a  felony  and  liable  to  punishment,  except  as  herein  pro- 
vided. No  person  offering  a  bribe  shall,  upon  any  prosecution  of 
the  officer  for  receiving  such  bribe,  be  privileged  from  testifying 
in  relation  thereto,  and  he  shall  not  be  liable  to  civil  or  criminal 
prosecution  therefor,  if  he  shall  testify  to  the  giving  or  offering  of 
such  bribe.  Any  person  who  shall  offer  or  promise  a  bribe,  if  it  be 
rejected  by  the  officer  to  whom  it  was  tendered,  shall  be  guilty  of 
an  attempt  to  bribe,  which  is  hereby  declared  to  be  a  felony. 

Person  Bribed  or  Offering  a  Bribe  may  be  a  Witness.  Sect.  4. 
Any  person  charged  with  receiving  a  bribe,  or  with  offering  or  prom- 
ising a  bribe,  shall  be  permitted  to  testify  in  his  own  behalf  in  any 
civil  or  criminal  prosecution  therefor. 

Free  Passes,  Franking  Privileges,  etc.,  not  to  be  received  by  Public 
Officers;  Penalty.  Sect.  5.  No  public  officer,  or  person  elected 
or  appointed  to  a  public  office,  under  the  laws  of  this  State,  shall 
directly  or  indirectly  ask,  demand,  accept,  receive  or  consent  to  re- 
ceive for  his  own  use  or  benefit,  or  for  the  use  or  benefit  of  another, 
any  free  pass,  free  transportation,  franking  privilege  or  discrimina- 
tion in  passenger,  telegraph  or  telephone  rates,  from  any  person  or 
corporation,  or  make  use  of  the  same  himself  or  in  conjunction  with 
another.  A  person  who  violates  any  provision  of  this  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  his  office  at 
the  suit  of  the  Attorney-General,  Any  corporation,  or  officer  or 
agent  thereof,  who  shall  offer  or  promise  to  a  public  officer,  or  person 
elected  or  appointed  to  a  public  office,  any  such  free  pass,  free  trans- 


1     ACTUAL  GOVERNMENT  OF  NEW  YORK 

portation,  franking  privilege  or  discrimination,  shall  also  be  deemed 
guilty  of  a  misdemeanor  and  liable  to  punishment  except  as  herein 
provided.  No  person  or  officer  or  agent  of  a  corporation  giving  any 
sucrj  free  pass,  free  transportation,  franking  privilege  or  discrimina- 
tion hereby  prohibited,  shall  be  privileged  from  testifying  in  relation 
thereto,  and  he  shall  not  be  liable  to  civil  or  criminal  prosecution 
therefor  if  he  shall  testify  to  the  giving  of  the  same. 

Removal  of  District  Attorney  for  Failure  to  Prosecute ;  Expenses 
of  Prosecutions  for  Bribery.  Sect.  6.  Any  district  attorney  who 
shall  fail  faithfully  to  prosecute  a  person  charged  with  the  violation 
in  his  county  of  any  provision  of  this  article  which  may  come  to  his 
knowledge,  shall  be  removed  from  office  by  the  Governor,  after  due 
notice  and  an  opportunity  of  being  heard  in  his  defense.  The  ex- 
penses which  shall  be  incurred  by  any  county,  in  investigating  and 
prosecuting  any  charge  of  bribery  or  attempting  to  bribe  any  per- 
son holding  office  under  the  laws  of  this  State,  within  such  county, 
or  of  receiving  bribes  by  any  such  person  in  said  county,  shall  be  a 
charge  against  the  State,  and  their  payment  by  the  State  shall  be 
provided  for  by  law. 

ARTICLE   XIV 

Amendments  to  Constitution,  how  Proposed,  Voted  upon  and 
Ratified.  Sect.  i.  Any  amendment  or  amendments  to  this  Consti- 
tution may  be  proposed  in  the  Senate  and  Assembly  ;  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each  of 
the  two  houses,  such  proposed  amendment  or  amendments  shall 
be  entered  on  their  journals,  and  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  Legislature  to  be  chosen  at  the  next  general  elec- 
tion of  senators,  and  shall  be  published  for  three  months  previous  to 
the  time  of  making  such  choice ;  and  if  in  the  Legislature  so  next 
chosen,  as  aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to  each 
house,  then  it  shall  be  the  duty  of  the  Legislature  to  submit  each 
proposed  amendment  or  amendments  to  the  people  for  approval  in 
such  manner  and  at  such  times  as  the  Legislature  shall  prescribe; 
and  if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  of  the  electors  voting  thereon,  such  amendment 
or  amendments  shall  become  a  part  of  the  Constitution  from  and 
after  the  first  day  of  January  next  after  such  approval. 


CONSTITUTION  OF  NEW  YORK  li 

Future  Constitutional  Conventions ;  how  Called ;  Election  of  Dele- 
gates ;  Compensation ;  Quorum ;  Submission  of  Amendments ;  Officers ; 
Rules;  Vacancies;  taking  Effect.  Sect.  2.  At  the  general  election 
to  be  held  in  the  year  one  thousand  nine  hundred  and  sixteen,  and 
every  twentieth  year  thereafter,  and  also  at  such  times  as  the  Legis- 
lature may  by  law  provide,  the  question,  "  Shall  there  be  a  conven- 
tion to  revise  the  Constitution  and  amend  the  same?  "  shall  be 
decided  by  the  electors  of  the  State  ;  and  in  case  a  majority  of  the  elec- 
tors voting  thereon  shall  decide  in  favor  of  a  convention  for  such 
purpose,  the  electors  of  every  senate  district  of  the  State,  as  then 
organized,  shall  elect  three  delegates  at  the  next  ensuing  general 
election  at  which  members  of  the  Assembly  shall  be  chosen,  and  the 
electors  of  the  State  voting  at  the  same  election  shall  elect  fifteen 
delegates-at-large.  The  delegates  so  elected  shall  convene  at  the 
capitol  on  the  first  Tuesday  of  April  next  ensuing  after  their  election, 
and  shall  continue  their  session  until  the  business  of  such  convention 
shall  have  been  completed.  Every  delegate  shall  receive  for  his  serv- 
ices the  same  compensation  and  the  same  mileage  as  shall  then  be 
annually  payable  to  the  members  of  the  Assembly.  A  majority  of 
the  convention  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, and  no  amendment  to  the  Constitution  shall  be  submitted  for 
approval  to  the  electors  as  hereinafter  provided,  unless  by  the  assent 
of  a  majority  of  all  the  delegates  elected  to  the  convention,  the  yeas 
and  nays  being  entered  on  the  journal  to  be  kept.  The  convention 
shall  have  the  power  to  appoint  such  officers,  employes  and  assistants 
as  it  "may  deem  necessary,  and  fix  their  compensation  and  to  provide 
for  the  printing  of  its  documents,  journal  and  proceedings.  The 
convention  shall  determine  the  rules  of  its  own  proceedings,  choose 
its  own  officers,  and  be  the  judge  of  the  election,  returns  and  quali- 
fications of  its  members.  In  case  of  a  vacancy,  by  death,  resigna- 
tion or  other  cause,  of  any  district  delegate  elected  to  the  convention, 
such  vacancy  shall  be  filled  by  a  vote  of  the  remaining  delegates 
representing  the  district  in  which  such  vacancy  occurs.  If  such 
vacancy  occurs  in  the  office  of  a  delegate-at-large,  such  vacancy  shall 
be  filled  by  a  vote  of  the  remaining  delegates-at-large.  Any  proposed 
constitution  or  constitutional  amendment  which  shall  have  been 
adopted  by  such  convention,  shall  be  submitted  to  a  vote  of  the  elec- 
tors of  the  State  at  the  time  and  in  the  manner  provided  by  such 
convention,  at  an  election  which  shall  be  held  not  less  than  six  weeks 


Hi    ACTUAL  GOVERNMENT  OF  NEW  YORK 

after  the  adjournment  of  such  convention.  Upon  the  approval  of 
such  constitution  or  constitutional  amendments,  in  the  manner  pro- 
vided in  the  last  preceding  section,  such  constitution  or  constitutional 
amendment,  shall  go  into  effect  on  the  first  day  of  January  next  after 
such  approval. 

Amendments  of  Convention  and  Legislature  submitted  coinci- 
dently.  Sect.  3.  Any  amendment  proposed  by  a  constitutional 
convention  relating  to  the  same  subject  as  an  amendment  proposed 
by  the  Legislature,  coincidently  submitted  to  the  people  for  approval 
at  the  general  election  held  in  the  year  one  thousand  eight  hundred 
and  ninety-four,  or  at  any  subsequent  election,  shall,  if  approved,  be 
deemed  to  supersede  the  amendment  so  proposed  by  the  legislature. 

ARTICLE   XV 

Time  of  taking  Effect.  Sect.  i.  This  Constitution  shall  be  in 
force  from  and  including  the  first  day  of  January,  one  thousand  eight 
hundred  and  ninety-five,  except  as  herein  otherwise  provided. 

Done  in  Convention  at  the  Capitol  in  the  city  of  Albany,  the 
twenty-ninth  day  of  September,  in  the  year  one  thousand 
eight  hundred  ninety-four,  and  of  the  Independence  of  the 
United  States  of  America  the  one  hundred  and  nineteenth. 
In  witness  whereof,  we  have  hereunto  subscribed  our 
names. 

JOSEPH   HODGES   CHOATE, 

President  and  Dele gate-at- Large 
Charles  Elliott  Fitch, 

Secretary 


CONSTITUTION  OF  THE  UNITED  STATES 


Preamble 

We,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  provide 
for  the  common  defense,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution  for  the  United  States  of 
America. 

ARTICLE    I.  — LEGISLATIVE    DEPARTMENT 

Section  i.  —  Congress 

All  legislative  powers  herein  granted  shall  be  vested  in  a  Con- 
gress of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives.1 

Section  2.  —  House  of  Representatives 

The  House  of  Representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  States,  and 
the  electors  in  each  State  shall  have  the  qualifica- 
tions requisite  for  electors  of  the   most  numerous 
Members 

branch  of  the  State  Legislature. 

No  person  shall  be  a  representative  who  shall  not  have  attained 

to  the    age  of    twenty-five  years,  and    been   seven 

years  a  citizen  of  the  United  States,  and  who  shall 

not,  when  elected,  be  an  inhabitant  of  that  State  in  which  he  shall 

be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among 
the   several    States  which    may  be    included  within  this    Union, 

1  The  term  of  each  Congress  is  two  years.     It  assembles  on  the  first  Monday 
in  December  and  "  expires  at  noon  of  the  fourth  of  March  next  succeeding  the 
beginning  of  its  second  regular  session,  when  a  new  Congress  begins." 
t      liii 


liv  ACTUAL  GOVERNMENT  OF  NEW  YORK 

according  to  their  respective  numbers,1  which  shall  be  determined 
by  adding  to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  and  excluding  Indians  not 

taxed,  three-fifths  of  all  other  persons.2    The  actual 

enumeration  shall  be  made  within  three  years  after 
the  first  meeting  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  manner  as  they  shall 
by  law  direct.  The  number  of  representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  State  shall  have  at  least 
one  representative  :  and  until  such  enumeration  shall  be  made, 
the  State  of  New  Hampshire  shall  be  entitled  to  choose  three ; 
Massachusetts,  eight  ;  Rhode  Island  and  Providence  Plantations, 
one  ;  Connecticut,  five  ;  New  York,  six;  New  Jersey,  four;  Penn- 
sylvania, eight ;  Delaware,  one ;  Maryland,  six  ;  Virginia,  ten  ; 
North  Carolina,  five  ;  South  Carolina,  five  ;  and  Georgia,  three. 
When  vacancies  happen  in  the  representation  from  any  State, 

the  executive  authority3  thereof  shall  issue  writs  of 

election  to  fill  such  vacancies. 
The  House  of  Representatives  shall  choose  their  Speaker4  and 
Officers  other  officers ;  and  shall  have  the  sole  power  of 

Impeachment      impeachment. 

Section  3.  —  Senate 

The  Senate  of  the  United  States  shall  be  composed  of  two 
Number  senators  from  each  State,  chosen  by  the  Legislature 5 

of  Senators :  thereof,  for  six  years ;  and  each  senator  shall  have 
Election  one  vote 

Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided  as  equally  as  may  be 
into  three  classes.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year ;  of  the  second 
class,  at  the  expiration  of  the  fourth  year ;  of  the  third  class,  at 

1  The  apportionment  under  the  census  of  19 10  is  one  representative  for  about 
220,000  persons. 

2  The  word  "  persons  "  refers  to  slaves.  This  paragraph  has  been  amended 
(Amendments  XIII  and  XIV)  and  is  no  longer  in  force.  3  Governor. 

4  The  speaker  is  one  of  the  representatives ;  the  other  officers  —  clerk, 
sergeant-at-arms,  postmaster,  doorkeeper,  etc.  —  are  not. 

5  See  Amendment  XVII,  which  provides  for  the  election  of  senators  by  direct 
vote  of  the  people. 


CONSTITUTION   OF  THE  UNITED  STATES        lv 

the  expiration  of  the  sixth  year,  so  that  one-third  may  be  chosen 
every  second  year;  and  if  vacancies  happen  by  resignation,  or  other- 
wise, during  the  recess  of  the  Legislature  of  any 
Classification      Stat^  the  executivei  thereof  may  make  temporary 

appointments  until  the  next  meeting  of  the  Legislature,  which  shall 
then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 

age  of  thirty  years,  and  been  nine  years  a  citizen  of 

Qualifications      the  United  States>  ancj  who  shall  not,  when  elected, 

be  an  inhabitant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  president 
President  of  of  the  Senate,  but  shall  have  no  vote,  unless  they 
Senate  be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a  presi- 
dent pro  tempore,  in    the   absence   of   the   Vice- 
President,  or  when  he  shall  exercise  the  office  of 
President  of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments : 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirma- 
tion.    When  the  President  of  the  United  States  is 
Trials  of  ^.   ,     h     chief-Justice  shall  preside:  and  no  per- 

Impeachment  '      „  ,  .        ,      .  ,  ,  t 

son  shall  be  convicted  without  the  concurrence  of 

two-thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and 
Judgment  enjoy  any  office  of  honor,  trust,  or  profit  under  the 

in  Case  of  United  States  ;  but  the  party  convicted  shall  never- 

Conviction  theless  be  liable   and  subject  to  indictment,  trial, 

judgment,  and  punishment,  according  to  law. 

Section  4.  —  Both  Houses 

The  times,  places,  and  manner  of  holding  elections  for  senators 
Manner  of  and  representatives  shall  be  prescribed  in  each  State 

electing  by  the  Legislature  thereof;  but  the  Congress  may 

Members  at  any  time,  by  law,  make  or  alter  such  regulations, 

except  as  to  the  places  of  choosing  senators.2 

1  Governor. 

2  This  is  to  prevent  Congress  from  fixing  the  places  of  meeting  of  the  state 
legislatures. 

t 


lvi  ACTUAL  GOVERNMENT  OF  NEW  YORK 

The  Congress  shall  assemble  at  least  once  in  every  year,  and 
Meetings  of  such  meeting  shall  be  on  the  first  Monday  in  Decem- 
Congress  ber,  unless  they  shall  by  law  appoint  a  different  day. 

Section  5.  —  The  Houses  separately 

Each  house  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business;  but  a  smaller 
rganiza  ion       number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties,  as  each  house  may  provide. 
Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a  member. 
Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in 
their  judgment  require  secrecy,  and  the  yeas  and 
nays  of  the  members  of  either  house  on  any  ques- 
tion shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered 
on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of   the  other,  adjourn  for  more   than 
three   days,  nor   to   any  other  place   than  that  in 
which  the  two  houses  shall  be  sitting. 


Section  6.  —  Privileges  and  Disabilities  of  Members 

The  senators  and  representatives  shall  receive  a  compensation1 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 

treasury  of  the  United  States.  They  shall  in  all 
Pay  and  cases,  except  treason,  felony,  and  breach  of  the  peace, 

Members  be  privileged  from  arrest  during  their  attendance  at 

the  session  of  their  respective  houses,  and  in  going 
to  and  returning  from  the  same  ;  and  for  any  speech  or  debate  in 
either  house,  they  shall  not  be  questioned  in  any  other  place. 

1  Seventy-five  hundred  dollars  a  year  and  twenty  cents  for  evTry  mile  of  travel 
each  way  from  their  homes  at  each  annual  session.  There  is  also  an  allowance 
of  one  hundred  and  twenty-five  dollars  for  stationery  and  newspapers. 

t 


CONSTITUTION   OF  THE  UNITED  STATES      lvii 

No  senator  or  representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 

of  the  United  States,  which  shall  have  been  created, 
Prohibitions  or  ^e  emoiuments  whereof  shall  have  been  increased, 
on  Members  .  ,  ,    .  ,. 

during  such  time  ;  and  no  person  holding  any  office 

under  the  United  States  shall  be  a  member  of  either  house  during 
his  continuance  in  office. 


Section  7.  —  Method  of  passing  Laws 

All  bills  for  raising   revenue  shall  originate  in  the    House  of 
Representatives ;   but  the    Senate  may  propose   or 
concur  with  amendments  as  on  other  bills. 
Every  bill  which  shall  have  passed  the  House  of  Representa- 
tives and  the  Senate  shall,  before  it  become  a  law,  be  presented 
to  the  President  of  the  United  States;  if  he  approve, 
How  Bills  he  shall    .        it   but  if  not    he  shaJ1  return  it   with 

become  Laws       ,  °  ,         ,  .  ,.,.,,, 

his   objections,    to     that   house   in   which    it  shall 

have  originated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion, two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of 
that  house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill  shall  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 
Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
the  Senate   and   House    of    Representatives   may   be   necessary 

(except  on    a   question   of   adjournment)  shall   be 
eso  u  ions,        presented  to  the    President  of  the  United  States ; 

and  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be  repassed 
by  two-thirds  of  the  Senate  and  House  of  Representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of  a  bilL 

+ 


lviii  ACTUAL  GOVERNMENT  OF  NEW  YORK 


Section  8.  —  Powers  granted  to  Congress 

The  Congress  shall  have  power: 

To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 

the   debts    and   provide    for   the    common  defense 

Congress  anc*  Senera^  welfare  of  the  United  States;  but  all 

duties,     imposts,     and    excises    shall    be     uniform 

throughout  the  United  States; 

To  borrow  money  on  the  credit  of  the  United  States ; 

To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes; 

To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States; 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures  ; 

To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States ; 

To  establish  post-offices  and  post-roads ; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing, 
for  limited  times,  to  authors  and  inventors  the  exclusive  right  to 
their  respective  writings  and  discoveries ; 

To  constitute  tribunals  inferior  to  the  Supreme  Court; 

To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations  ; 

To  declare  war,  grant  letters  of  marque  and  reprisal,1  and  make 
rules  concerning  captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years ; 

To  provide  and  maintain  a  navy ; 

To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections  and  repel  invasions. 

To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  States  respectively 

1  Letters  granted  by  the  government  to  private  citizens  in  time  of  war, 
authorizing  them,  under  certain  conditions,  to  capture  the  ships  of  the  enemy. 

t 


CONSTITUTION  OF  THE  UNITED   STATES      lix 

the  appointment  of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress ; 

To  exercise  exclusive  legislation  in  all  cases  whatsoever  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession 
of  particular  States,  and  the  acceptance  of  Congress,  become  the 
seat  of  the  government  of  the  United  States,1  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the  Legis- 
lature of  the  State  in  which  the  same  shall  be,  for  the  erection 
of  forts,  magazines,  arsenals,  dockyards,  and  other  needful  build- 
ings;—  And 

To  make  all  laws  which  shall  be  necessary  and  proper  for  car- 
Implied  rymg  into  execution  the  foregoing  powers,  and  all 
Powers  other  powers  vested  by  this  Constitution  in  the  gov- 
ernment of  the  United  States,  or  in  any  department  or  officer 
thereof. 

Section  9.  —  Powers  forbidden  to  the  United  States 

The  migration  or  importation  of  such  persons  as  any  of  the 
States  now  existing  shall  think  proper   to  admit, 
Absolute  shall  not   De  prohibited  by  the  Congress  prior  to 

Prohibitions  .  *",  ,      . ',.    ,        ,  &,         f     .   , 

on  Congress         tne  year  one   thousand  eight    hundred   and   eight, 
but  a  tax  or  duty  may  be  imposed  on  such  impor- 
tation, not  exceeding  ten  dollars  for  each  person.2 

The  privilege  of  the  writ  of  habeas  corpus  8  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

No  bill  of  attainder 4  or  ex-post-facto  law  6  shall  be  passed. 

No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  propor- 
tion to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

1  The  District  of  Columbia. 

2  This  refers  to  the  foreign  slave  trade.  "  Persons  "  means  "  slaves."  In  1808 
Congress  prohibited  the  importation  of  slaves.  This  clause  is,  of  course,  no 
longer  in  force. 

8  An  official  document  requiring  an  accused  person  who  is  in  prison  awaiting 
trial  to  be  brought  into  court  to  inquire  whether  he  may  be  legally  held. 

4  A  special  legislative  act  by  which  a  person  may  be  condemned  to  death  or 
to  outlawry  or  banishment  without  the  opportunity  of  defending  himself  which 
he  would  have  in  a  court  of  law. 

6  A  law  relating  to  the  punishment  of  acts  committed  before  the  law  was 
passed. 

t 


lx      ACTUAL  GOVERNMENT  OF  NEW  YORK 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State. 

No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another;  nor 
shall  vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States : 
And  no  person  holding  any  office  of  profit  or  trust  under  them, 
shall,  without  the  consent  of  the  Congress,  accept  of  any  present, 
emolument,  office,  or  title,  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state. 

Section   io.  —  Powers  forbidden  to  the  States 

No  State  shall  enter  into  any  treaty,  alliance,  or  confederation ; 

grant  letters  of  marque  and  reprisal ;  coin  money ; 

Absolute  cmjt  kjj|s  Q£  credit  •   make  anything  but  gold  and 

Prohibitions  .,  .  ,      '.  I     c  a  u* 

on  the  States      silver  coin  a  tender  in  payment  of  debts  ;  pass  any 

bill  of  attainder,  ex-post-facto  law,  or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be 

absolutely  necessary  for  executing  its  inspection 
Conditional  Jaws  ;  and  the  net  produce  of  all  duties  and  imposts, 
on  the  states       *a^  ^y  any  State  on  imports  or  exports,  shall  be 

for  the  use  of  the  treasury  of  the  United  States ; 
and  all  such  laws  shall  be  subject  to  the  revision  and  control 
of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  duty 
of  tonnage,  keep  troops,  or  ships-of-war,  in  time  of  peace,  enter 
into  any  agreement  or  compact  with  another  State,  or  with  a 
foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in 
such  imminent  danger  as  will  not  admit  of  delay. 


CONSTITUTION  OF  THE  UNITED  STATES      lxi 

ARTICLE    II.  — EXECUTIVE    DEPARTMENT 

Section  i. —  President  and  Vice-President 

The    executive  power  shall  be  vested  in  a   President  of   the 

United  States  of  America.     He  shall  hold  his  office 

during  the  term  of  four  years,  and,  together  with 

the   Vice-President,    chosen   for   the   same  term,  be    elected,  as 

follows : 

Each  State  shall  appoint,  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  num- 
ber of  senators  and  representatives  to  which  the 
State    may  be    entitled    in   the   Congress :    but  no 
senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector. 

[x  The  electors  shall  meet  in  their  respective  States,  and  vote 
by  ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves.  And  they  shall 
make  a  list  of  all  the  persons  voted  for,  and  of  the  number  of 
votes  for  each ;  which  list  they  shall  sign  and  cer- 
Proceedings  of  tif  and  transmjt  sealed  to  the  seat  of  the  govern- 
Electors  and  J         .    .      TT    .      .  _  ..  ,  .  °   .  , 

of  Congress         ment  of  the  United  States,  directed  to  the  president 

of  the  Senate.  The  president  of  the  Senate  shall, 
in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed;  and  if  there  be  more  than  one  who  have  such 
majority,  and  have  an  equal  number  of  votes,  then  the  House  of 
Representatives  shall  immediately  choose  by  ballot  one  of  them 
for  President ;  and  if  no  person  have  a  majority,  then  from  the 
five  highest  on  the  list  the  said  house  shall,  in  like  manner,  choose 
the  President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having  one 
vote ;  a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  States,  and  a  majority  of  all  the 
States  shall  be  necessary  to  a  choice.     In  every  case,  after  the 

l  This  paragraph  in  brackets  has  been  superseded  by  the  Twelfth  Amendment. 

t 


lxii  ACTUAL  GOVERNMENT   OF  NEW  YORK 

choice  of  the  President,  the  person  having  the  greatest  number 
of  votes  of  the  electors  shall  be  the  Vice-President.  But  if  there 
should  remain  two  or  more  who  have  equal  votes,  the  Senate  shall 
choose  from  them  by  ballot  the  Vice-President.] 

The  Congress  may  determine  the  time  of  choosing  the  electors, 
Time  of  and  the  day  on  which  they  shall  give  their  votes ; 

choosing  which  day  shall  be  the  same  throughout  the  United 

Electors  States.1 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this 
Qualifications      Constitution  shall  be  eligible  to  the  office  of  Presi- 
of  President  ° 

dent;  neither  shall  any  person  be  eligible  to  that 

office  who  shall  not  have  attained  to  the  age  of  thirty-five  years, 
and  been  fourteen  years  resident  within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the 
Vice-President,  and  the  Congress  may  by  law  pro- 
vide for  the  case  of  removal,  death,  resignation,  or  inability,  both 
of  the  President  and  Vice-President,  declaring  what  officer  shall 
then  act  as  President ;  and  such  officer  shall  act  accordingly  until 
the  disability  be  removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  services 

a  compensation  2  which  shall  neither  be  increased  nor  diminished 

during  the  period  for  which    he  shall  have  been 

elected,  and  he  shall  not  receive  within  that  period 

any  other  emolument  from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 

following  oath  or  affirmation :  —  "I  do  solemnly  swear  (or  affirm) 

that  I  will  faithfully  execute  the  office  of  President 

of  the  United  States,  and  will,  to  the  best  of  my 

ability,   preserve,  protect,    and   defend   the    Constitution   of   the 

United  States." 

!The  electors  are  chosen  on  the  Tuesday  next  after  the  first  Monday  in 
November,  preceding  the  expiration  of  a  presidential  term.  They  vote  (by  Act 
of  Congress  of  Feb.  3,  1887)  on  the  second  Monday  in  January  following  for 
President  and  Vice-President.  The  votes  are  counted,  and  declared  in  Congress 
on  the  second  Wednesday  of  the  following  February. 

2 The  President  now  receives  $75,000  a  year,  with  an  allowance  of  $25,000  for 
expenses;  the  Vice-President  receives  a  salary  of  $12,000  per  year. 


CONSTITUTION   OF  THE  UNITED  STATES    lxiii 


Section  2. — Powers  of  the  President 

The  President  shall   be  commander-in-chief  of   the  army  and 

navy  of  the  United  States,  and  of  the  militia  of  the  several  States, 

„.,.,  when  called  into  the  actual  service  of  the  United 

Military  ........ 

Powers  States ;  he  may  require  the  opinion,  in  writing,  of 

the  principal  officer  in  each  of  the  executive  depart- 

Reprieves  and      ments,  upon  any  subject  relating  to  the  duties  of 

their  respective  offices ;  and  he  shall  have  power  to 

grant   reprieves    and   pardons   for   offenses    against   the    United 

States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of 

the  Senate,  to  make  treaties,  provided  two-thirds  of  the  senators 

present  concur  ;  and  he  shall  nominate,  and  by  and 
Treaties 

with  the  advice   and    consent  of   the  Senate  shall 

appoint  ambassadors,  other  public  ministers  and  consuls,  judges 

of  the  Supreme  Court,  and  all  other  officers  of  the  United  States, 

whose  appointments  are  not  herein  otherwise  pro- 
ments1  vided  for,  and  which  shall  be  established  by  law : 

but  the  Congress  may  by  law  vest  the  appointment 
of  such  inferior  officers,  as  they  think  proper,  in  the  President 
alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

The  President  shall  have  power  to  fill  up  all  vacancies  that 

may  happen   during  the  recess  of   the  Senate,  by 

granting  commissions  which  shall  expire  at  the  end 

of  their  next  session. 


Fill 
Vacancies 


Section  3.  —  Duties  of  the  President 

He  shall  from  time  to  time  give  to  the  Congress  information1 

of  the  state  of  the  Union,  and  recommend  to  their  consideration 

such    measures    as   he   shall    judge    necessary  and 

TVICSScUTC 

expedient ;  he  may,  on  extraordinary  occasions,  con- 
vene both  houses,  or  either  of  them,  and  in  case  of  disagreement 

1  The  President  gives  this  information  by  sending  messages  to  Congress. 
Washington  and  John  Adams  read  their  messages  to  Congress.  Jefferson,  how- 
ever, sent  a  written  message  to  Congress  by  his  private  secretary,  and  this 
custom  continued  until  Wilson,  who  returned  to  the  original  plan  of  Washington 
and  Adams.  t 


lxiv  ACTUAL  GOVERNMENT  OF  NEW  YORK 

between    them   with   respect    to   the   time    of    adjournment,  he 

may  adjourn  them  to  such  time  as  he  shall  think 

Convene  proper ;    he  shall    receive    ambassadors    and   other 

Con  ETT6SS 

public  ministers ;  he  shall  take  care  that  the  laws 
be  faithfully  executed,  and  shall  commission  all  the  officers  of 
the  United  States. 

Section  4.  —  Impeachment 

The    President,   Vice-President,  and    all   civil   officers   of   the 
United    States,    shall  be   removed  from    office   on 
Rmovalof  impeachment  for,  and  conviction  of,  treason,  brib- 

ery, or  other  high  crimes  and  misdemeanors. 


ARTICLE    III.  — JUDICIAL    DEPARTMENT 
Section   i  .  —  United  States  Courts 

The  judicial  power  of  the  United  States  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may 

from  time  to  time  ordain  and  establish.  The 
established         judges,  both  of  the   Supreme  and  inferior  courts, 

shall  hold  their  offices  during  good  behavior,  and 
Judges  shall,  at  stated  times,  receive  for  their  services  a 

compensation1  which  shall  not  be  diminished  during  their  con- 
tinuance in  office. 

Section  2.  —  Jurisdiction  of  United  States  Courts 

The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity, 

arising  under  this  Constitution,  the  laws  of  the  United   States, 

and  treaties  made,  or  which  shall  be  made,  under 

Federal  tiie;r  authority;  —  to  all  cases   affecting  ambassa- 

Courtsin  ^        other  public  ministers,  and  consuls; — to  all 

General  '  r  ....... 

cases  of  admiralty  and  maritime  jurisdiction;  —  to 

controversies  to  which  the  United    States  shall  be  a  party;  — 

to  controversies  between  two  or  more  States;  —  between  a  State 

and  citizens  of  another   State;2  —  between  citizens  of  different 


1  The  Chief  Justice  of  the  Supreme  Court  receives  an  annual  salary  of  #15,000, 
while  the  associates  receive  $14,500  each. 
'<*  But  compare  the  Eleventh  Amendment. 

t 


CONSTITUTION  OF  THE  UNITED  STATES       Ixv 

States  ;  —  between  citizens  of  the  same  State  claiming  lands  under 

grants  of  different  States,  and  between  a  State,  or  the  citizens 

thereof,  and  foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and 

consuls,  and  those  in  which  a  State  shall  be  party,  the  Supreme 

Court  shall  have  original  jurisdiction.     In  all  other 

upreme  cases  before  mentioned,  the    Supreme  Court  shall 

have  appellate  jurisdiction,  both  as  to  law  and  fact, 

with  such  exceptions  and  under  such  regulations  as  the  Congress 

shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 

be  by  jury ;  and  such  trial  shall  be  held  in  the  State  where  the 

said  crimes  shall  have  been  committed  :    but  when 
Trials 

not  committed  within  any  State,  the  trial  shall  be  at 

such  place  or  places  as  the  Congress  may  by  law  have  directed. 

Section  3.  —  Treason 

Treason  against  the  United  States  shall  consist  only  in  levying 
Treason  war  against  them,  or  in  adhering  to  their  enemies, 

defined  giving  them  aid  and  comfort. 

No  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

The  Congress  shall  have  power  to  declare  the  punishment  of 

_     .  .  treason,   but    no    attainder    of    treason   shall    work 

Punishment  .  .    ,  ,       .  .    ,  .  ,     . 

corruption  of   blood,    or   forfeiture,  except  during 

the  life  of  the  person  attainted. 


ARTICLE  IV.  — RELATIONS    OF   THE  STATES  TO 
EACH    OTHER 

Section  i.  —  Official  Acts 

Full  faith  and  credit  shall  be  given  in  each  State  to  the  public 
acts,  records,  and  judicial  proceedings  of  every  other  State.  And 
the  Congress  may  by  general  laws,  prescribe  the  manner  in  which 
such  acts,  records,  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

1 


lxvi  ACTUAL  GOVERNMENT  OF  NEW  YORK 


Section  2.  —  Privileges  of  Citizens 

The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in 

ugi  ives  another  State,  shall,  on  demand  of  the  executive 

from  Justice  .  '  . 

authority  of  the  State  from  which  he  fled,  be  deliv- 
ered up,  to  be  removed  to  the  State  having  jurisdiction  of  the  crime. 
No  person1  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence 
Fugitive  0£  any  jaw  or  regUjation  therein,  be  discharged  from 

such  service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be  due. 


Section  3.  —  New  States  and  Territories 

New  States  may  be  admitted  by  the  Congress  into  this  Union ; 
but  no  new  State  shall  be  formed  or  erected  within  the  jurisdic- 
tion of  any  other  State  ;  nor  any  State  be  formed 

AfdStat10n  by  the   Junction  of  tw0  or   more   States>   or   Parts 

of  States,  without  the  consent  of  the  Legislatures 

of  the  States  concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  terri- 

Territory  tory    or   0^er   property   belonging   to  the    United 

^ted  States      States;    and  nothing  in  this  Constitution  shall  be 
so   construed    as   to   prejudice   any   claims  of   the 

United  States,  or  of  any  particular  State. 


Section  4.  —  Protection  of  the  States 

The  United  States  shall  guarantee  to  every  State  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion,  and  on  application  of  the  Legislature,  or  of  the 
Executive  (when  the  Legislature  cannot  be  convened)  against 
domestic  violence. 

l  "  Person  "  here  includes  slave.  This  was  the  basis  of  the  Fugitive  Slave 
Law.     It  is  now  superseded  by  the  Thirteenth  Amendment 

t 


CONSTITUTION  OF  THE  UNITED  STATES  lxvii 


ARTICLE    V.— AMENDMENTS 

The  Congress,  whenever  two-thirds  of  both  houses  shall  deem 

it  necessary,  shall  propose  amendments  to  this  Constitution,  or, 

on  the  application  of  the  Legislatures  of  two-thirds 

ow     ,  of  the  several  States,  shall  call   a  convention  for 

proposed  .... 

proposing  amendments,  which,  in  either  case,  shall 

be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution, 

when  ratified  by  the  Legislatures  of  three-fourths  of  the  several 

States,  or  by  conventions  in  three-fourths  thereof,  as  the  one  or 

the  other  mode  of  ratification  may  be  proposed  by 

°^  ,  the  Congress :  provided  that  no  amendment  which 

ratified  ,  ,  ■  ,  ,  ,     .   , 

may  be  made  prior  to  the  year  one  thousand  eight 

hundred  and  eight  shall  in  any  manner  affect  the  first  and  fourth 

clauses  in  the  ninth  section  of  the  first  article  ;  and  that  no  State, 

without  its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the 

Senate. 


ARTICLE  VI.  — GENERAL   PROVISIONS 

All  debts  contracted,  and  engagements    entered   into,   before 

the  adoption  of  this  Constitution,  shall  be  as  valid 
Public  Debt  .     ^ r.       T  T    .      .    ^  ,     '      .      _ 

against  the  United  States  under  this  Constitution, 

as  under  the  confederation. 

This   Constitution,   and  the  laws  of  the  United  States  which 

shall  be  made  in  pursuance  thereof ;  and  all  treaties  made,  or 

which  shall  be  made,  under  the  authority  of  the 
Constitution1      United  States,  shall    be    the   supreme    law  of   the 

land ;  and  the  judges  in  every  State  shall  be  bound 
thereby,  anything  in  the  Constitution  or  laws  of  any  State  to  the 
contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  State  Legislatures,  and  all  executive  and 
Official  Oath        judicial  officers,  both  of  the  United  States  and  of 

the  several  States,  shall  be  bound  by  oath  or  affirma- 


Religious  Test 

tion  to  support  this  Constitution  ;   but  no  religious 

test  shall  ever  be   required   as   a   qualification  to  any  office   or 

public  trust  under  the  United  States. 

1 


lxviii         ACTUAL  GOVERNMENT  OF  NEW  YORK 

ARTICLE  VII.  — RATIFICATION    OF    THE 
CONSTITUTION 

The  ratification  of  the  Conventions  of  nine  States  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between  the 
States  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the 
States  present,  the  seventeenth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-seven,  and  of  the  independence  of  the  United 
States  of  America  the  twelfth. 

In   witness   whereof,    we   have   hereunto    subscribed   our 

names.1 

GEORGE  WASHINGTON, 
President,  and  Deputy  from  Virginia. 


NEW  HAMPSHIRE 

John  Langdon 
Nicholas  Gilman 

MASSACHUSETTS 

Nathaniel  Gorham 
Rufus  King 

CONNECTICUT 

William  Samuel  Johnson 
Roger  Sherman 

NEW  YORK 
Alexander  Hamilton 

NEW  JERSEY 

William  Livingston 
David  Brearley 
William  Paterson 
Jonathan  Dayton 


PENNSYLVANIA 

Benjamin   Franklin 
Thomas  Mifflin 
Robert  Morris 
George  Clymer 
Thomas  Fitzsimons 
Jared  Ingersoll 
James  Wilson 
Gouverneur  Morris 

DELAWARE 
George  Read 
Gunning  Bedford,  Jr. 
John  Dickinson 
Richard  Bassett 
Jacob  Broom 

MARYLAND 
James  M'Henry 
Daniel    of     St.     Thomas 

Jenifer 
Daniel  Carroll 


VIRGINIA 

John  Blair 

James  Madison,  Jr. 


NORTH   CAROLINA 

William  Blount 
Richard  Dobbs  Spaight 
Hugh  Williamson 


SOUTH  CAROLINA 

John  Rutledge 
Charles  C.  Pinckney 
Charles  Pinckney 
Pierce  Butler 


GEORGIA 

William  Few 
Abraham  Baldwin 


A  ttest  i 


WILLIAM  JACKSON,  Secretary. 


1  There  were  sixty-five  delegates  chosen  to  the  convention :  ten  did  not 
attend;  sixteen  declined  or  failed  to  sign-,  thirty-nine  signed.  Rhode  Island 
sent  no  delegates. 

t 


CONSTITUTION  OF  THE  UNITED  STATES       lxix 


AMENDMENTS 

Article    I.1  —  Congress   shall    make   no   law   respecting   an 
.  establishment   of   religion,  or  prohibiting  the    free 

Speech,  Press,     exercise    thereof ;    or    abridging    the    freedom    of 
Assembly,  speech,  or  of  the  press ;  or  the  right  of  the  people 

Petition  peaceably  to  assemble,  and  to  petition  the  govern- 

ment for  redress  of  grievances. 

Article  II.  —  A  well-regulated  militia  being  necessary  to  the 
security  of  a  free  State  the  right  of  the  people  to 
keep  and  bear  arms  shall  not  be  infringed. 
Article  III.  —  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house,  without  the  consent  of  the 
owner ;  nor  in  time  of  war  but  in  a  manner  to  be 
prescribed  by  law. 

Article  IV.  —  The  right  of  the  people  to  be  secure  in  their 

persons,  houses,  papers,  and  effects,  against  unreasonable  searches 

and  seizures,  shall  not  be  violated,  and  no  warrants 

^arrecahs°snable      shall  issue,  but  upon  probable  cause,  supported  by 

oath  or  affirmation,  and  particularly  describing  the 

place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

Article  V.  —  No  person  shall  be  held  to  answer  for  a  capital, 
or  otherwise  infamous  crime,  unless  on  a  presentment  or  indict- 
ment of  a  grand  jury,  except  in  cases  arising  in  the 

Crimina  land   or  naval  forces,  or  in    the  militia,  when    in 

Prosecutions  .        .  ,  ,        ,  ,.      , 

actual  service  in   time  of  war  and  public  danger; 

nor  shall  any  person  be  subject  for  the  same  offense  to  be  twice 

put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 

criminal  case  to  be  a  witness  against  himself,  nor  to  be  deprived 

of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 

private  property  be  taken  for  public  use,  without  just  compensation. 

Article  VI.  —  In  all  criminal  prosecutions,  the  accused  shall 

enjoy  the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 

1  These  amendments  were  proposed  by  Congress  and  ratified  by  the  Legis- 
latures of  the  several  States,  pursuant  to  the  fifth  article  of  the  Constitution. 
The  first  ten  were  offered  in  1789  and  adopted  before  the  close  of  1791.  They 
were  for  the  most  part  the  work  of  Madison.  They  are  frequently  called  the 
Bill  of  Rights,  as  their  purpose  is  to  guard  more  efficiently  the  rights  of  the 
people  and  of  the  states. 

t 


lxx     ACTUAL  GOVERNMENT  OF  NEW  YORK 

of  the  State  and  district  wherein  the  crime  shall  have  been  com- 
mitted, which  district  shall  have  been  previously  ascertained  by- 
law, and  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion ;  to  be  confronted  with  the  witnesses  against  him ;  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor,  and  to 
have  the  assistance  of  counsel  for  his  defense. 

Article  VII.  —  In  suits  at  common  law,  where  the  value  in 

controversy  shall  exceed  twenty  dollars,  the  right 

Suits  at  0£  ^rjaj  k     ■         snaii    De   preserved,   and  no  fact 

Common  .    .    .  .  ,     „   ,  ,  .  .  ,    . 

Law  tried  by  a  jury  shall  be  otherwise   reexamined   in 

any  court  of  the  United  States  than  according  to 
the  rules  of  common  law. 

Article  VIII.  —  Excessive  bail  shall  not  be  required,  nor 
Bail,  excessive   fines    imposed,    nor    cruel    and    unusual 

Punishments       punishments  inflicted. 

Article  IX.  —  The  enumeration  in   the  Constitution  of  cer- 
tain rights  shall  not  be  construed  to  deny  or  dis- 
Reserved  parage  others  retained  by  the  people. 

Rights  and  A  &  ~,        J  ,   ,  ,  , 

powers  Article  X.  —  The  powers  not  delegated  to  the 

United  States  by  the  Constitution,  nor  prohibited 
by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to 
the  people. 

Article  XI.1  —  The  judicial  power  of  the  United  States  shall 
judicial  not  be   construed  to  extend  to  any  suit  in  law  or 

Power  equity,   commenced   or  prosecuted   against  any  of 

granted  the    United   States    by  citizens  of   another    State, 

or  by  citizens  or  subjects  of  any  foreign  state. 

Article  XII.2  —  The  electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice-President,  one 
of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves ;  they  shall  name  in  their  ballots  the  person  voted 
for  as  President,  and  in  distinct  ballots  the  person  voted  for  as 
Vice-President ;  and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as  Vice-Presi- 
dent, and  of  the  number  of  votes  for  each,  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  government 
of  the  United  States,  directed  to  the  president  of  the  Senate;  — 

1  Proposed  in  1794;  adopted  in  1798. 

2  Adopted  in  1804. 

t 


CONSTITUTION  OF  THE  UNITED  STATES     lxxi 

the  president  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted ;  —  the  person  having  the  greatest 

number  of  votes  for  President,  shall  be  the  Presi- 
Method  of  dent,  if  such  number  be  a  majority  of  the  whole 

President  a  d  number  of  electors  appointed ;  and  if  no  person 
Vice-President    have  such  majority,  then  from  the  persons  having 

the  highest  numbers  not  exceeding  three  on  the  list 
of  those  voted  for  as  President,*the  House  of  Representatives 
shall  choose  immediately,  by  ballot,  the  President.  But  in  choos- 
ing the  President,  the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two-thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President  whenever  the  right  of  choice  shall  devolve 
upon  them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the  President.  The 
person  having  the  greatest  number  of  votes  as  Vice-President, 
shall  be  the  Vice-President,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed ;  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list,  the 
Senate  shall  choose  the  Vice-President ;  a  quorum  for  the  pur- 
pose shall  consist  of  two-thirds  of  the  whole  number  of  senators, 
and  a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 
But  no  person  constitutionally  ineligible  to  the  office  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United  States. 
Article  XIII.1  —  Section  i.    Neither  slavery  nor  involuntary 

servitude,  except  as  a  punishment  for  crime,  whereof 
abolished  ^ie    Party   shall    have   been   duly  convicted,   shall 

exist  within  the  United  States,  or  any  place  sub- 
ject to  their  jurisdiction. 

Section  2.     Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

Article  XIV.2  —  Section  1.    All  persons  born  or  naturalized 
in  the  United  States,  and  subject  to  the  jurisdiction  thereof,  are 

1  Adopted  in  1865. 

2  Adopted  in  1868. 

t 


lxxii  ACTUAL  GOVERNMENT  OF  NEW  YORK 

citizens    of   the    United    States    and  of  the   State  wherein   they 

reside.       No  State  shall   make  or  enforce  any  law  which  shall 

abridge  the  privileges  or  immunities  of  citizens  of 

egroes  ma  e     ^  unj^-ecj  states  ;  nor  shall  any  State  deprive  any 

person    of   life,    liberty,    or   property,    without   due 

process  of  law,  nor  deny   to   any  person  within  its  jurisdiction 

the  equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  among  the 
several  States  according  to  tteir  respective  numbers,  counting 
the  whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  President  and  Vice-President  of  the  United 
States,  representatives  in  Congress,  the  executive  or  judicial  offi- 
cers of  a  State,  or  the  members  of  the  Legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  such  State,  being 
twenty-one  years  of  age,  and  citizens  of  the  United  States,  or 
in  any  way  abridged,  except  for  participation  in  rebellion  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  in  the 
proportion  which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens  twenty-one  years  of  age  in 
such  State. 

Section  J.  No  person  shall  be  a  senator  or  representative  in 
Congress,  or  elector  of  President  or  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
State,  who  having  previously  taken  an  oath  as  a  member  of  Con- 
gress, or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  Legislature,  or  as  an  executive  or  judicial  officer  of  any 
State,  to  support  the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given 
aid  or  comfort  to  the  enemies  thereof.  But  Congress  may,  by  a 
vote  of  two-thirds  of  each  house,  remove  such  disability. 

Sec/ion  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned.  But  neither  the  United  States 
nor  any  State  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipation  of  any  slave ;  but-  all  such 
debts,  obligations,  and  claims  shall  be  held  illegal  and  void. 

t 


CONSTITUTION   OF  THE  UNITED  STATES    lxxiii 

Section  j.  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 

Article  XV.1 — Section  i.  The  right  of  citizens  of  the  United 
Negroes  States  to  vote  shall  not  be  denied  or  abridged  by  the 

made  Voters  United  States,  or  by  any  State,  on  account  of  race, 
color,  or  previous  condition  of  servitude. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

Article  XVI.2  —  The  Congress  shall  have  power  to  lay  and 
collect  taxes  on  incomes,  from  whatever  source  derived,  without 
apportionment  among  the  several  States,  and  without  regard  to  any 
census  or  enumeration. 

Article  XVII.2  —  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  elected  by  the  people  thereof, 
for  six  years ;  and  each  Senator  shall  have  one  vote.  The  electors 
in  each  State  shall  have  the  qualifications  requisite  for  electors  of 
the  most  numerous  branch  of  the  State  legislatures. 

When  vacancies  happen  in  the  representation  of  any  State  in  the 
Senate,  the  executive  authoi  ity  of  such  State  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies :  Provided,  That  the  legislature  of  any 
State  may  empower  the  executive  thereof  to  make  temporary  appoint- 
ments until  the  people  fill  the  vacancies  by  election  as  the  legislature 
may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the  elec- 
tion or  term  of  any  Senator  chosen  before  it  becomes  valid  as  part 
of  the  Constitution. 

Note.  The  above  amendment  is  in  lieu  of  the  first  paragraph  of 
section  three  of  Article  I  of  the  Constitution  of  the  United  States, 
and  in  lieu  of  so  much  of  the  second  paragraph  of  the  same  section 
as  relates  to  the  filling  of  vacancies. 

Article  XVIII.3  —  Section  1.  The  manufacture,  sale,  or  transpor- 
tation of  intoxicating  liquors  within,  the  importation  thereof  into,  or  the 
exportation  thereof  from  the  United  States  and  all  territory  subject 
to  the  jurisdiction  thereof  for  beverage  purposes  is  hereby  prohibited. 

Section  2.  The  Congress  and  the  several  states  shall  have  concur- 
rent power  to  enforce  this  article  by  appropriate  legislation. 

1  Adopted  in  1S70.  2  Adopted  in  1913.  3  Adopted  in  1919. 


INDEX 


Absolute  Monarchy,   420 
Activities  of  the  state,  95,  156 
Admiralty,   jurisdiction,   331 
Admission     of     new     states,    341 ; 

methods  of,  342 
Affairs  under  the  Articles  of  Con- 
federation, 176 
Agriculture,  federal  department  of, 
322-323;     state   college   of,    151; 
state  commissioner  of,  121;   state 
schools  of,  151 
Aid,  state,  distribution  of,  149 
Aldermen,    city,    48;     New     York 

City,  62 
Algonquin  Indians,  88 
Aliens,  classes  of,  excluded  from  the 

United  States,  236 
Amendment,  Articles  of  Confedera- 
tion, 179 ;  to  city  charters,  47-48 ; 
existing,  363-365  ;  to  federal  con- 
stitution, 362;  methods  of,  362; 
New  York  State,  93  ;  other  states, 

379 

Amendments  :  Fourth,  357  ;  First  to 
Tenth,  356-360;  Eleventh,  332 
Twelfth,  293 ;  Thirteenth,  364 
Fourteenth,  364;  Fifteenth,  365 
Sixteenth,  228;  Seventeenth,  218 
Eighteenth,  lxxiii 

Anarchists  excluded  from  U.  S.,  236 

Annapolis  convention,  180 

Antifederalists,  views  of,  190 

Antitrust  law,  238 

Appeals,  court  of,  state,  132 

Appellate  division  of  the  supreme 
court,  state,  131 

Appointing  power,  of  president,  299 ; 
of  Senate,  256 

Apportionment  and  collection  of 
taxes,  172;  of  assemblymen,  104- 
105  ;  of  congressmen,  204,  211;  of 
state  senators,  105,  107 

Arbitration,  international,  402. 

Architect,  state,  125 


Armies,  241 

Army,  United  States  regular,  242 

Arrest,  135 

Arson  defined,  81,  135 

Articles  of  Confederation,  176,  180, 

185,  200 
Assault  defined,  135 
Assembly,  the  right  of  peaceable,  07, 

355.357 

Assembly,  the,  104;  officers,  107 

Assemblymen,  qualifications,  Ap- 
pendix, xi;  salary,  106;  term, 
106 

Assessment  roll  of  taxes,  173; 
swearing  off,  173 

Assessors,  city,  50;  town,  18; 
village,  33 

Attainder,  bills  of,  260 

Attendance  upon  school  compulsory, 

145 
Attitude  of  the  states,  176 
Attorney,    city,    50;    district,    79; 

state  attorney-general,  120 
Auditors,  town,  24 
Australian  ballot,  167,  169,  384 
Authority,  conflict  of,  351 

Bail,  81 

Ballot,  Australian,  167;  sample, 
169;  voting  by,  167,  384 

Bankruptcy  laws,  239 

Banks,  state,  101 ;  state  superin- 
tendent of,  124 

Best  government,  what  is?  422 

Bill,  federal,  354-360 ;  federal  and 
state  compared,  96  ;  of  indictment, 
136;  of  rights,  state,  96 

Bills,  of  attainder,  260;  of  credit 
prohibited  to  states,  347 ;  legis- 
lative, defined,  109  ;  number  of,  in 
Congress,  282;  reporting  of,  274; 
revenue,  to  originate  in  House  of 
Representatives,  254;  stages  of, 
269 


lacsv 


lxxvi 


INDEX 


Board  of  aldermen,  New  York  City, 
62  ;    salary  of,  64 

Board  of  canvassers,  77,  168 

Board  of  education,  city,  52;  New 
York  City,  68;   village,  34-35 

Board  of  equalization,  county,  172, 
173;    state,  173 

Board  of  estimate  and  apportion- 
ment, New  York  City,  66 

Board  of  Regents,  141-142,  Appen- 
dix, xliii 

Board  of  supervisors,  76,  172, 
173;  town,  24 

Borough  presidents,  New  York 
City,  64,  68 

Bounties,  land,  320 

Bribery,  denned,  114 

Bridges,  superintendent  of,  county, 
80;  town,  20 

Bryce,  James,  quoted,  201 

Budget,  in  cities,  56;  state,  171 

Building  laws,  53 

Bureaus,  federal :  animal  industry, 
323;  children's,  325;  education, 
321;  geological  survey,  322; 
immigrants,  325  ;  Indian  affairs, 
321;  internal  revenue,  315  ;  labor 
statistics,  325;  land  grants,  320; 
land  office,  319;  naturalization, 
325;  patents,  322;  pensions, 
321;  plant  industry,  323 ;  public 
works,  317;  railroads,  322;  sur- 
veys, 320;  weather,  323 

Burglary  denned,  135. 

Cabinet,  character  of,  311 ;  English, 
405 ;  relations  to  the  president, 
312;  and  the  unwritten  constitu- 
tion, 372 

Canada,  constitution,  413;  execu- 
tive, 414;  judicial  system,  415; 
legislature,  414 

Canals,  100 

Candidates,  method  of  choosing,  in 
New  York  State,  163-165 ;  in 
other  states,  382-384 

Canvassers,  board  of,  77,  168 

Canvassing  votes,  77,  168,  385 

Capital,  the  national,  249 

Captures  on  land  and  water,  244 

Career  in  Congress,  283 


Caucus,     congressional,     281 ;      in 

legislature,  106 
Cayuga  Indians,  88 
Census,  federal,  204,  324,  Appendix, 

liv;  state,  104,  Appendix,  viii 
Centralized  government,  389,  422 
Challenging  a  vote,  385 
Chamber,    the    House,    266;      the 

Senate,  266 
Chamberlain,  city,  50 
Charge  to  the  jury,  138 
Charities,  board  of ,  121  ;  state,  154 
Charter,   the  city,   46-47 ;    village, 

28,  30 
Charter    of    liberties,    New    York 

State,  91 
Children's  courts,  New  York  City,  70 
Chinese,  denied  naturalization,  247 ; 

exclusion  of,  236 
Choosing     candidates,     convention 

plan,    163;     primary    plan,    164, 

.382-384 
Cities,    classified,   47 ;     created    by 

legislature,  95 
Citizens,    privilege   of,   granted   by 

one  state  to  another,  345-346 
Citizenship,  159;  denied  to  Chinese, 

247 
City,  41-60;    its  business,  46;  city 

counties,  62,   75;    city  manager, 

58 ;  finances,  55  ;  institutions,  55  ; 

officials,  how  chosen,  48;    terms 

of,  51 
City  counties,  75 
Civic  procedure,  134 
Civil-service  commissioner,  federal, 

326 ;  state,  122 
Civil  War,  New  York  State  in,  86 
Claims,  Court  of  federal,  337 
Claims,  court  of,  state,  133 
Clearance  of  vessels,  236 
Clerk,  city,  59 ;   county,  78 ;   school 

district,  8;  town,  18;  village,  $3 
Clinton,  George,  141 
Closure  in  debate,  276 
Coinage,  power  of,  233 
Collector,  city,  50;   school  district, 

8 ;    town,  19 ;    village,  33 
College,    electoral,    failure  of,   296 ; 

veterinary,  149,  152 
College,  State,  of  Agriculture,  151 


INDEX 


lxxvii 


College,  State,  of  Forestry,  149,  152 

Combatants,  202 

Commerce,  Department  of,  and 
Labor,  323;  foreign,  235;  inter- 
state, 237;  power  to  regulate,  235 

Commission,  federal  trade,  325; 
interstate  commerce,  237,  326 

Commission  government,  57-58 

Commissioner,  state,  of  education, 
142-143;  of  highways,  125;  in- 
dustrial, 1 10 ;  of  police,  New  York 
City,  67;    of  railroads,  322 

Commissions  and  commissioners, 
state,  no,  121-125,  142 

Committee  system,  the  federal, 
270-274,  277,  278,  280-281,  373; 
the  state,  107 

Common  council,  48 

Common-school  fund,  150 

Commutation  of  sentence,  by  the 
governor,  116;  by  the  president, 
299 

Compromises  of  United  States  Con- 
stitution, 187-189 

Comptroller,  city,  50;  state,  119,172 

Compulsory  education,   145-147 

Concurrent  powers,  350 

Condemnation  proceedings,  44 

Confederation,  the,  418 

Congress,  adjournment,  222;  ap- 
pointment of  members,  204 ; 
basis  of  representation  in,  188, 
204,  214;  borrowing  power,  231; 
career  in,  283 ;  closure  of  debate 
in,  276;  compared  with  congress 
of  Confederation,  223;  compared 
with  Parliament,  196  ;  contrast  be- 
tween the  Houses  of,  282 ;  limi- 
tations upon,  258-261 ;  methods 
of  voting  in,  275;  miscellaneous 
powers,  245-252;  power  of, 
to  establish  courts,  253 ;  power 
of,  to  punish  counterfeiting, 
234;  power  of,  to  regulate  com- 
merce, 235-238;  powers  of 
coinage,  233;  procedure  in,  222; 
quorum,  222;  sessions  of,  221; 
special  powers  of  the  House, 
254-256;  taxing  power,  226- 
231;  vacancies,  116,  117,  211; 
war  powers,  240 


Conservation,  state  commission  on, 

122 
Constable,  20,  81 

Constitution,  unwritten,  see  Un- 
written constitution 
Constitution,  foreign  governments  : 
Canadian,  413;  English,  404; 
French,  410;  German,  407; 
methods  of  making,  378-381; 
Switzerland,  415 

Constitution  of  New  York  State,  86, 
appendix,  i ;  amendment  of,  93 ; 
government  established  under,  92  ; 
nature  of  government  under,  89- 
98  ;  number  of,  92  ;  origin  of,  92  ; 
origin  of  special  provisions,  94 

Constitution     of     United     States 
amendments  of,  362 ;    Bryce  on 
201 ;     compromises   of,    187-189 
different      from      British,      196 
different  from  Confederation,  197 
elastic     clause     of,     253 ;     origin 
of,    193 ;     original    and    inherent 
powers    of,   368 ;    ratification   of, 
189-191 ;  special  provisions,  193  ; 
stability  of,  200 ;  suggestions  from 
the     states,    194;     text    of,     see 
Appendix 

Constitutional  convention,  character 
of,  181;  difficulties  of,  184; 
Franklin  in,  183 ;  Hamilton  and 
Madison  in,  182;  origin  of,  180; 
plans  submitted,  183,  186;  Wash- 
ington in,  182 ;  work  of,  184 

Constitutions,  of  the  states,  amend- 
ments, of  379;  contents  of,  380; 
existing  state  constitutions,  381 ; 
historical  changes  in,  380; 
methods  of  making,  378;  origin 
°f,  377J  present  process  of,  378 

Consular  service,   402 

Contract  labor,  importation  of  un- 
lawful, 236 

Convention,  Annapolis,  180 ;  con- 
stitutional, 181 ;   party,  163-165 

Copyrights  and  patents,  248 

Cornell  University,  149 

Coroners,  81 

Coroners'  courts,  81,  133 

Corruption  of  blood,  334 

Counterfeiting,  234 


lxxviii 


INDEX 


Counties  in  cities,  62,  75 ;  created 
by  legislature,  95 

County,  the,  75-85,  162 ;  in  action, 
81 ;  government  of,  76 ;  its  im- 
portance, 83  ;   in  New  York  City, 

68-75 

County  clerk,  83,  78 

County  court,  81,  130-131 

County  judge,  80,  83 

County  treasurer,  79,  172 

Court     of     Claims,      federal,     337 

Court  of  claims,  state,  133 

Court  of  special  sessions,  municipal, 
69 ;  New  York  City,  69 

Courts,  of  appeals,  132 ;  appellate 
division,  131;  city,  51,  68,  71; 
coroners',  81,  133;  county,  80,  81, 
130;  duties  of,  134;  federal, 
138;  of  impeachment,  132;  mili- 
tary, 244;  state  supreme,  131; 
surrogates',  133;  village,  34 

Courts  of  District  of  Columbia,  330 

Courts  of  New  York  City  :  children's, 
70 ;  county,  70 ;  general  sessions, 
70;  inferior,  71;  magistrates', 
69 ;  municipal,  69 ;  special  ses- 
sions, 69 ;   surrogates',  70 

Courts  of  the  United  States, 
enumerated,  330;  jurisdiction  of, 
331 ;  procedure  in,  338 

Courts  of  the  United  States  :  circuit 
courts  of  appeal,  335 ;  Court  of 
Claims,  337;  Court  of  Customs 
Appeal,  337;  district  courts,  336; 
Supreme  Court,  334 

Credit,  state,  100 

Crimes,  punishment  of,  135-139; 
treason,  334 

Criminal  procedure,  135-138 

Criminals,  fugitive,  346 

Customs  Appeal,  Court  of,  337 

Debate,  closure  of,  276 

Debt,  the  public,  361 

Decentralization  in  government, 
389,  421 

Defendant  defined,  134 

Democracy,  pure  and  representative, 
421 

Departments,  executive,  see  Execu- 
tive departments 


Departments  of  government,  city, 
48-51;  county,  76-83;  federal, 
314-325;  state,  104,  115,  131; 
village,  31-34 

District  attorney,  79,  81,  84; 
federal,  337 

District  courts,  federal,  336 

District  superintendent  of  schools, 
24,  80,  144 

District  tax,  173 

Division  of  powers,  349 

Divorce,  97 

Doctrine  of  national  sovereignty,  349 

Domestic  violence,  protection 
against,  guaranteed,  344 

Drainage  systems,  45 

Dutch  colony  in  New  York,  89 

Dutch  West  India  Company,  The,  89 

Duties,    customs,    228 

Duty  of  the  courts,  the,  134 

Education,  city,  52-53;  federal  aid 
of,  150  ;  federal  Commissioner  of, 
319,321;  history  of,  141 ;  in  rural 
districts,  7-13 ;  state  department 
of,  141-150;  state  commissioner 
of,  142;  in  the  states,  396-399; 
town,  24;  in  villages,  34-35 

Elastic  clause  of  the  United  States 
Constitution,  the,   253 

Election,  districts,  161 ;  expenses, 
163 ;  inspectors  of,  25 ;  in  the 
several  states,  385 ;  supervision 
of,  166 ;   time  of,  162 

Elective  officers,  city,  48;  federal, 
210,  218,  292;  state,  161;  town, 
17 ;  village,  31 

Electoral  college,  failure  of  the,  296- 
297 

Electoral  commission  of  1876,  294 

Electors,  presidential,  choice  of, 
395 ;  discretionary  powers  of, 
296,  368 

Eleventh  Amendment,  332 

Eminent  domain,  42,  97 

Engineer  and  surveyor,  state,  120 

England,  cabinet,  405  ;  constitution, 
404 ;  executive,  405  ;  judicial  sys- 
tem, 406 ;  legislature,  404 

English  colony,  New  York  an,  90 

Enrollment  of  party  voters,  i6j 


INDEX 


lxxix 


Entry  of  vessels,  236 

Equalization,  board  of,  county  and 
state,  172-173 

Estimate  and  apportionment,  board 
of,  New  York  City,  66 

Excise,  state  commissioner  of,  121 

Excises,  230 

Executive,  cabinet  departments, 
311-327;  Canadian,  414;  county, 
77;  department  in  city,  49-50; 
English,  405 ;  federal  (see  Pres- 
ident), 286-307;  French,  410; 
German,  408 ;  in  New  York  City, 
65-66;  salaries  of  foreign,  291; 
of  state  of  New  York,  114-125; 
in  the  states,  389 

Executive  departments,  federal : 
agriculture,  322;  commerce,  323; 
history  of  their  creation,  313-314; 
interior,  319-322;  justice,  317; 
labor,  324;  navy,  318;  organiza- 
tion of  the,  313;  post  office, 
318;  state,  314;  treasury,  315; 
war,  316 

Expansion,  national,  map   of,    251, 

Expenditures,  educational,  88 
Ex  post  facto  laws,  forbidden,  260 
Extradition,  346 

Federal  courts,  138,  330,  334~338 
Federal  government,  its  guarantees 

to  the  individual,  356 ;  restrictions 

upon,  354 
Federal  state,  the,  419 
Federal  trade  commission,  325 
Federalist,   The,  190 
Federalists,  views  of,  190 
Feeling  between  the  states,  1 78 
Fence  viewers,  24 
Fifteenth  Amendment,  365 
Fifth  Amendment,  358 
Filibustering,  275  ;  restraints  of,  276 
Finances,    city,    55;     federal,    228- 

234;      New     York     State,    171; 

state,  394 
Fire  department,  city,  54  ;  village,  37 
First  Amendment,  356 
Five  Nations,  the,  88 
Foreign    affairs,    states    prohibited 

from,  346 


Foreign  commerce,  federal  control 
of,  235 

Forestry,  State  College  of,  149,  152 

Forests,  100 

Fourteenth  Amendment,  246,  364 

Fourth  Amendment,  357-358 

France,  government  of,  defined,  409 ; 
constitution,  409 ;  executive,  410  ; 
judicial  system,  412;  legislature, 
409 

Franchise,  37  ;  how  obtained,  37 

Franklin,  Benjamin,  in  constitu- 
tional convention,  183 

Free  trade,  policy  of,  230 

Free  transportation  forbidden,  114 

Fugitive  criminals,  346 

Fundamental  law,  1,  93 

Gambling,  unlawful,  98 

Game  protection,   122 

Garbage,  disposal  of,  54 

Garfield,  James  A.,  quoted,  399 

General  sessions  court,  New  York 
City,  70 

Geological  survey,  322 

Germany,  constitutional  monarchy, 
407 ;  executive,  408 ;  judicial 
system,  408  ;  legislature,  407 

Gerrymandering,  210 

Gladstone,     William     E.,     quoted, 

193 

Gospel  and  school  lands,  150 

Government,  best  form  of,  422;  and 
business,  2,  125,  314-326;  and 
the  Indians,  321;  why  necessary, 
5;  see  village,  town,  city,  state, 
federal,  201-339 

Governments,  foreign,  compared, 
402-423 ;  state,  see  State  govern- 
ment ;  tables  of  :  city,  59  ;  county, 
82;  state  and  federal,  175;  town, 
14-25 ;  village,  38 

Governors,  house  of,  117 

Governor,  in  New  York  State,  115; 
in  the  several  states,  390;  succes- 
sion, order  of,  115 

Grand  jury,  81,  136,  358 

Greater  New  York,  62 

Grievance  day,   173 

Guarantees,  of  individual  rights, 
356;  to  states,  344-351 


Ixxx 


INDEX 


Guilty,  not  guilty,  no  agreement, 
report  of  jury,  138 

Habeas  corpus,  97,  260 

Hamilton,  Alexander,  182,  190 

Health,  board  of,  37,  39;  state  com- 
missioner of,  122;  state  regulation 
of,  III 

Highways,  county  superintendent  of, 
80;  state  commissioner  of,  125; 
town  superintendent  of,  20 

Historical  sketch  of  education,  141 

Hospitals,  county,  84;  state  com- 
mission of,  122 

Hours  of  labor,  state  regulation  of, 
in 

House  bill,  in  the  legislature,  109; 
stages  of  a,  269 

House  of  governors,  117 

House  of  Representatives,  adjourn- 
ment, 222;  chamber  of,  266; 
choice  of  officers,  212-214;  ex- 
clusion of  members,  208 ;  number 
of  members,  204;  organization, 
212  ;  power  of  impeachment,  255  ; 
presidential  election  in,  255 ; 
quorum,  222;  revenue  bills,  254; 
vacancies,  how  filled,  211;  see 
also  Representatives 

How  a  bill  becomes  a  law,  in  the 
legislature,  109 

How  to  register,  166 

Hudson,  Henry,  88 

Husband  and  wife,  97 

Immigration,  325  ;  restrictions,  236 
Impeachment,  by  the  assembly,  132  ; 
by  the  House  of  Representatives, 

255 
Income    tax,    228;     see     Sixteenth 

Amendment 
Indians,  88;  bureau  of,  321 
Indictment,  83,  136 
Indirect  taxes,  228-231 
Industrial  commission,  state,  no 
Inferior  courts,  New  York  Citv,  71 ; 

federal,  335"337 
Inheritance,  or  transfer,  tax,  171 
Initiative,   referendum,   and   recall, 

57,  399 
Insane,  hospitals  for  the,  153 


Inspection  of  elections,  25 
Institutions,  city,  55;  state,  151-158 
Insurance,  state  superintendent  of, 

124 
Interior,   Department  of  the,  319- 

322 
Internal  revenue,  230 
International  arbitration,  402 
International  law  defined  and  terms 

used,  402 
Interstate  commerce,   237 
Interstate  Commerce  Commission, 

237,  326 
Interstate  freight  tariffs,  178 
Invasion,   protection  against,  guar- 
anteed, 344 
Iroquois  Indians,  88 

Judges,  city,  51,  68,  71;  county, 
80,  81,  130;  federal,  138,  330; 
state,  128-134;  town,  22,  128; 
village,  34 

Judgment  defined,  135 

Judicial  department,  city,  51; 
county,  130;  federal,  317,  328- 
339 ;  state,  128-139 

Judicial  districts,  state,  map  of, 
105,  162 

Judiciary,  federal,  defects  of,  338; 
excellences  of,  339;    need  of,  328 

Jurisdiction,  of  federal  courts,  331 ; 
335  ;   of  state,  392 

Justice,  courts,  22,  128-130;  De- 
partment of,  317 

Justice  of  the  peace,  22,  81 

Labor,   Department  of,   324-325 
Land,    bounties,    320;     grants    to 
education,    320;     grants    to    in- 
dividuals, 320;    rights  in,  98 
Land  survey,  system  of,  320 
Law,  city,  48 ;  federal,  268-281 ;  fun- 
damental,  1,  93;    military,   244; 
state,  104-112;  town,  17;  village, 
32 
Legislation,  methods  of,  268 
Legislative  commissions,  112 
Legislature,   New   York    State,   or- 
gpnization   of,    104 ;     powers   of, 
in;   procedure  in,  109;    sessions 
of,   108;    in  the  states,  386-389 


INDEX 


lxxxi 


Letters  of  marque  and  reprisal,  244 
Lieutenant  governor,  117 
Limitations,   on  Congress,   255 ;  on 

the  states,  348 
Limited  monarchy,  421 
Literature  fund  for  schools,  150 
Logrolling,  274 
Lotteries  illegal,  98 
Lunacy,  state  commission  in,  122- 

123 

Madison,  James,  182,  190 
Magistrates'   courts,  in   New  York 

City,  69 
Maine,  Sir  Henry,  quoted,  193 
Majority  and  minority  leaders,  in 

assembly,  107 ;   in  Congress,  281 
Marriage,  98 
Marshals,  federal,  337 
Mayor,  49,  65 

Members  of  Congress,  see  Congress 
Messages,    of    governor,     115;     of 

mayors,    49,    65 ;     of    president, 

300 
Military  duty,  100 
Military  law  and  courts,  244 
Military  property,  245 
Military  training,  147 
Militia,    the,    100,    243,    Appendix, 

xlv 
Minority  leaders,  in  assembly,  107 ; 

in  Congress,  281 
Mohawk  Indians,  88 
Monarchy,  absolute,  420;    limited, 

421 
Money,  its  history,  232  ;   limitations 

upon  states,  347 
Mothers'  pensions,  state   provision 

for,  in 
Municipal  ownership,   35-37,   53 

National  expansion,   197,  376,  and 

map,  251 
National     governments    compared, 

402-423 
National  guard,  100 
National  sovereignty,   doctrine    of, 

349 
Naturalization,  159,  245;   denied  to 
Chinese,    247 ;     laws   concerning, 
246 ;   necessary  steps  in,  246 


Naval  militia,  state,  101 

Navies,  of  the  United  States,  243 ; 
of  the  world,   243 

Navigation  laws,  235 

Navy  department,  318-319 

New  York,  charter  of  liberties,  91 ; 
constitutions,  92  ;  a  Dutch  colony, 
89  ;  an  English  colony,  90 ;  popu- 
lation, 88;  present  constitution, 
see  Appendix 

New  York  City,  62-74 

Ninth  Amendment,  359 

Nominations,  163-165 

Normal  college,  state,  149 

Normal  school,  152 

Northwest  Territory,  319 

Oath  of  office,  federal,  1 ;  of  state 
officers,   114 

Officers,  city,  48,  59;  county,  76- 
82;  federal,  204,  312,  330,  337; 
New  York  City,  65-71;  school 
district,  7;  state,  104,  1 14-125, 
175;  town,  18-25;  village,  33, 
38 

Officials,  compensation  of  :  cabinet 
officials,  312 ;  city  officials,  65-71 ; 
county  officials,  76-82 ;  foreign  ex- 
ecutives, 291 ;  members  of  Con- 
gress, 220;  president,  291  ;  state 
officials,  108,  1 1 5-1 25;  town 
officials,  18-25;  vice  president, 
307;  village  officials,  33-34 

Oneida  Indians,  88 

Onondaga  Indians,  88 

Overseer  of  the  poor,  town,  2 1 ; 
village,  33 

Panel  of  jurors,  138 

Parcel  post,  318 

Pardon,  by  the  governor,  116;    by 

the  president,  299 
Parliament,  English,  404,  196 
Party,  origin  of,  in  the  United  States, 

190;  recognition  of,  161 
Party  committee,  163 
Party  convention,  163-165 
Party  government,  373 
Passes,  free,  unlawful,  114 
Patent  bureau,  322 
Patents  and  copyrights,  248 


lxxxii 


INDEX 


Patriotism,  national,   2 ;     state,  86 

Pay  roll,  of  New  York  City,  125  ;  of 
the  state,  125 

Pensions,  bureau  of,  federal,  321 ; 
for  teachers,  145 ;  for  widowed 
mothers,  in 

Perjury,  138 

Personal  liberty,  96,  347,  356 

Personal  property,  97,  359 

Personal  security,  97,  357 

Persons,  classes  of,  excluded  from 
the  United  States,  236 

Petit  jury,  83,  137 

Petition,  the  right  of,  97,  355,  357 

Physical  training  compulsory  in  the 
schools,  146 

Piracy,  239 

Plaintiff  defined,  134 

Plurality,  170,  385 

Police,  city,  54;  town,  20;  village,  34 

Police  commissioner,  New  York 
City,  67  ;  state  police,  101 

Political  parties,  origin  of,  in  United 
States,  161,  190 

Poll  books,  167 

Poll  clerks,  25,  166 

Poor,  overseers  of,  21 

Poor  master,  84 

Posse  comitatus,  78 

Post-office  department,  247,  318 

Post  roads  defined,  248 

Postal  savings  banks,  318 

Postal  service,  247,  318 

Power  to  borrow  money,  231 

Powers,  of  the  legislature,  in;  of 
Congress,  226-261 

Preliminary  steps,  4 

Presentment,  358 

Presidency,  election  methods  pro- 
posed, 291 ;  method  chosen, 
292 ;  defects  of  method,  293- 
297 ;  great  statesmen  and  the, 
305 ;  qualifications  for,  289 ; 
views  of  the  convention  con- 
cerning, 286-289 

President  of  the  United  States, 
cabinet,  304 ;  eligibility  of,  289 ; 
executive  power,  303-304,  306 ; 
judicial  powers,  299;  legislative 
powers,  300-303 ;  life  of  the, 
304;     powers    enumerated,    299; 


reeligibility  of,  290;  removal 
power,  370;  salary,  290;  term, 
treaty  making,  302  ;  veto,  300 

Presidential  election  by  the  House 
of  Representatives,  255 

Presidential  electors  only  party 
agents,_ 255,  368-370 

Presidential  primaries,  297-298 

Presidential  succession,  298 

Press,  freedom  of,  96,  357 

Primary  elections,  164;  importance 
of,  165 

Prisons,  commission  of,  123;  state, 
155;  superintendent  of ,  125 

Private  property,  97 ;  federal  guar- 
antee of,  359 

Privateering,  244 

Procedure,  in  courts,  134,  135-138; 
in  impeachment  trials,  257;  in 
legislatures,  387 ;  in  New  York 
State  legislature,  109 

Property,  military,  245 ;  the  right  of 
private,  97,  359 

Protection,  policy  of,  tariff,  230 

Protection  from  invasion,  100,  344 

Provisional  limitations  upon  the 
states,  348 

Public  debt,  the,  361 

Public  records,  345 

Public-service  commissions,  state, 
123 

Public  utilities,  city,  53 ;   village,  35 

Public- welfare  laws,  no 

Public  works,  city,  53  ;  state  super- 
intendent of,  124;  village,  37 

Punishments,  97  ;  must  not  be  ex- 
cessive, 358-359 

Pure  democracy,  421 

Qualifications,  of  assemblymen,  Ap- 
pendix, xi ;  for  the  presidency, 
289  ;  for  representatives,  207  ;  for 
state  senators,  108;  for  teachers, 
148;  for  United  States  senators, 

2I5  .    . 

Quarantine,    39 ;     commissioner    ot 

health,   122 

Quorum,  Congress,  222 

Railroads,  control  of,  federal,  237; 
state,  95 


INDEX 


lxxxiii 


Ratification  of  the  Constitution, 
189 

Real  estate,  19 

Recall,  57,  399 

Recognition  by  the  speaker,  in  the 
assembly,  107;    in  Congress,  279 

Record,  courts  of,  134 

Reeligibility  of  the  president,  290, 
37o 

Referendum,  57,  93,  99,  196,  399 

Reformatories,  state,  154 

Regents,  Board  of,  141-142,  Ap- 
pendix, xliii 

Registrar  of  deeds,  78 

Registration,  of  vessels,  235-236 ; 
of  voters,  166,  384 

Reichstag,  the,  407 

Religious  freedom,  96,  356 

Removal,  the  president's  power  of, 
370;   school  district,  12 

Representation  of  the  states,  in 
House  of  Representatives,  188 ; 
in  United  States  Senate,  188 

Representative  democracy,  421 

Representatives,  election  of,  210; 
election  expenses  of,  212;  at 
large,  211 ;  qualifications  of,  207; 
salary  of,  220;   term  of,  208 

Reprieve,  by  governor,  116;  by  pres- 
ident, 299 

Republican  form  of  government 
guaranteed  to  the  states,  344 

Reserved  powers,  349 

Retirement  fund  for  teachers,   145 

Revenue,  internal,  defined,  230 

Revenue  bills,  in  the  House  of 
Representatives,  255 

Revenues,  city,  55 ;  county,  76 ; 
federal,  228-231;  school  dis- 
trict, 10;  state,  171;  town,  16; 
village,  32 

Right  of  private  property,  97,  359 

Right  to  vote,  in  cities,  48 ;  at  federal 
and  state  elections,  166-168; 
at  school  meeting,  10;  at  town 
meeting,  16 ;  at  village  meeting, 
31 ;   women  voters,  382 

Robbery,  defined, 135 

Roosevelt,  Theodore,  116,  337,  370 

Rules  committee,  280 

Rural  free  delivery,  247,  318 


Salaries  of  public  officials:  city,  71, 
county,  77-81;  federal,  220,  291, 
307,  312;  state,  106,  108,  115, 
117-125;  town,  18-25 

Sanitation,  state  regulations  con- 
cerning, in 

Scholarships,  state,  149 

School  directors,  24 

School  districts,  7,  14,  150;  officers 
of,  7-13;  political  independence 
of,  11 ;  removals  in,  12;  vacancies 
in,  how  filled,  12 

School  meeting,  annual,  10;  busi- 
ness of,  10;  who  may  vote  at, 
10 

School  neighborhood,  12 

School  trust  funds,  150 

School  years,  7 

Schools,  agricultural,  151;  blind, 
deaf,  and  dumb,  153;  distri- 
bution of  state  aid  for,  149 ; 
normal,  152  ;  public,  8,  24,  34,  52, 
141-150,321,  396-399;  state  aid 
to,  148 ;  superintendent  of,  24,  35, 
52,80 

Search,  the  right  of,  357 

Secession,  the  right  of,   199 

Secretary  of  state,  federal,  313-314; 
New  York,  118 

Senate,  New  York  State,  107 ; 
officers,  108;  qualifications  of 
members  of,  108,  Appendix,  xi ; 
salary,  108 ;  term,  108 

Senate,  United  States,  adjournment, 
222;  character  of  its  members, 
267  ;  executive  powers,  256  ;  ju- 
dicial powers,  257  ;  officers  of,  219; 
origin  and  character,  214-216 ;  and 
the  president's  appointments,  372 

Senate  chamber,  federal,  205,  266; 
state,  129 

Senators  of  the  United  States, 
election  of,  216-219;  qualifica- 
tions of,  215;    salary,  220;    term, 

215 
Seneca  Indians,  88 
Sessions  of  the  legislature,  108 
Sewage  systems,  45 
Sheriff,  77,  81,  84 
Sherman  Anti-trust  Act,  238 
Sidewalks,  36 


lxxxiv 


INDEX 


Slave  trade,  188 

Sovereignty,    doctrine    of   national, 

349 
Spanish-American  War,  251 
Speaker,  of  assembly,  106 ;  election 

of,  106;  powers  of,  107 
Speaker,  of   House  of   Representa- 
tives, how  chosen,  212  ;  powers  of, 
278-280;  clerk  as,  212 
Special  courts,  132 
Special  sessions,  court  of,  69 
Speech,  freedom  of,  96,  357 
State,   the   divisions   of :    assembly 
districts,     104-105,     162;     cities, 
47 ;    congressional  districts,    162  ; 
counties,    75 ;    election    districts, 
161;   judicial  districts,   131,  162; 
school  districts,  7 ;   senatorial  dis- 
tricts, 104-105 ;  towns,  14 
State  activities,  95  ;  federal,  defined, 

419;  unitary,  defined,  418 
State  colleges,  149 
State     constitutions,     amendments 
to,  379;    contents,  380;    existing 
constitutions,      381 ;       historical 
changes    in,    380;      methods    of 
making,    378;      present    process 
of  making,  378;    origin  of,  377 
State  control  of  banks,  io*: 
State   engineer   and   surveyor,    120 
State  governments.  376-401 
State   regulation,   of   cities,  41,  62, 
95  ;  of  counties,  75,  95  ;  of  educa- 
tion, 7,  95;   of  elections,  159;   of 
health,   in;    of  hours  of  labor, 
in;    of  personal    rights,  96-97; 
of    property,    95-97 ;     of    towns, 
14,  95  ;  of  villages,  27,  95        [101 
State  scholarships,  149;  police,  state, 
States,  admission  of  new,  341 ;   at- 
titude of,  toward  the  Constitution, 
176  ;  courts  of,  392-393  ;  diversities 
and  uniformities  among  the,  376  ; 
education   in,  396;    elections   in, 
385 ;    executive  officers   of,   389 ; 
feeling  between  the,  178;  finances 
of,  394 ;    governments  described, 
381;  guarantees  10,344-346;  im- 
portance of  governments,  399 ;  in- 
itiative and  referendum,  399-400; 
judges,  394;  legislatures  of,  386; 


limitations  upon  ,  346-349 ;  obli- 
gations of,  towards  each  other, 
345 ;  relation  to  federal  govern- 
ment, 198;  suffrage  in,  382;  taxes 

of,  394 

Street  railways,  37 

Streets,  center  of  city  life,  42 ; 
cleaning,  43,  45,  53;  com- 
missioner, 33,  50;  how  laid  out, 
42-44;  lighting,  37;  permission 
to  use,  how  obtained,  45 

Succession  to  office,  of  governor, 
115;    of  president,  298 

Suffrage,  in  the  nation,  206 ;  in 
New  York,  159-160;  a  privi- 
lege, 159;  in  the  states,  382; 
woman,  382 

Summons  defined,  135 

Superintendent,  of  banks,  124; 
of  highways,  20,  21,  80,  84,  172; 
of  insurance,  124;  of  poor,  79, 
172;  of  prisons,  125;  of  public 
works,   124;    of  schools,  52,   144 

Supervisors,  board  of,  18,  76,  84,  172 

Supervisory  district,  144 

Supreme  court,  of  New  York  City, 
70;  state,  131;  in  the  states,  392, 

394 
Supreme  Court  of  the  United  States, 

334;  judges,  how  appointed,  331 ; 

jurisdiction,   335 ;    named  in  the 

Constitution,    330,     Article    III, 

Sec.  1 ;  sessions,  335 
Surrogate's     court,    80,    83,     133; 

New  York  City,  70 
Survey,  geological,  322;    of  public 

lands,  320 
Syracuse  University,   State  College 

of  Forestry  located  at,  149 

Tariff,  defined,  174,  228-229;  inter- 
state, 178 

Tax,  defined,  228;  income,  in  the 
states,  394-396 

Tax  commissioner,  state,  123 

Taxes,  apportionment  of,  172;  in 
cities,  56;  collection  of,  231; 
federal,  3,  228-229;  indirect, 
228;   in  school  districts,  8 

Taxing  power  of  Congress,  226; 
restrictions  upon,  228,  229 


INDEX 


lxxxv 


Teachers,  qualifications  and  training 
of,  148 

Term  of  the  president,  290 

Terms  used  in  court :  arrest,  135 ; 
arson,  135;  assault,  135;  bill  of 
indictment,  136;  burglary,  135; 
charge  to  the  jury,  138;  crime, 
139;  defendant,  134;  grand  jury, 
136;  guilty,  138;  indictment,  136; 
judgment,  135 ;  panel  of  jurors, 
138;  perjury,  138;  petit  jury, 
137;  plaintiff,  134;  procedure, 
134;  robbery.  135;  summons, 
135;  trial,  137;  verdict,  135; 
warrant,  135 

Territories,  government  of,  250 ; 
new  classification  of,  252;  or- 
ganized and  unorganized,  251; 
the  northwest,  319 

Territory,  acquisition  of,  by  United 
States,  319;  Northwest,  319 

Thirteenth  Amendment,    364 

Titles  of  nobility,  261 

Topics  for  discussion,  73,  74,  158, 
310 

Town,  government  of,  14-16;  his- 
tory of,  14 

Town  auditors,  24 

Town  board,  24 

Town  clerk,  18 

Town  meeting,  powers  of,  16,  17; 
who  may  vote  at,  16;  time  of 
holding,  16 

Towns,  number  of,  14 

Training,  physical  and  military, 
146-147 

Transfer  of  cases  from  state  to 
federal  courts,  333 

Treason,  334 

Treasurer,  city,  50 ;  count}-,  79 ; 
federal,  316;  school  district,  8; 
state,  119;    village,  ^s 

Treasury  Department,  federal,  315- 
316 

Treasury  notes,  nature  of,  234 

Treaties,  302 

Trial  by  petit  jury,  317 

Truant,  arrest  of,  146 

Trustees,  school  district,  8 ;  vil- 
lage, 32 

Trust  funds,  school,  150 


Trusts,     defined,     238;     regulation 

of,  238-239 
Twelfth  Amendment,  293 

Union,  relation  to  states,  198-199 
Union  free  school  district,  11 
Unitary  state,  the,  418 
United    States   deposit    fund,    150 
United  States  land  grant  fund,  150 
University    of    the    State    of    New 

York,  141-144 
Unwritten  constitution,  the  cabinet 
and  the,  372  ;  committee  system 
and  the,  373;  development  of,  367  ; 
doctrine  of  original  and  inherent 
powers  in,  368  ;  party  government 
and  the,  373-374;  president  and 
his  power  of  removal,  370-372 ; 
president's  nominations  and  the 
Senate,  372  ;  presidential  electors, 
368-370;  reeligibility  of  the  presi- 
dent, 370 

Vacancies,  appointive  offices  in 
cities  by  mayor,  see  Mayor;  in 
Congress,  117,  211,  see  Seventeenth 
Amendment;  in  school  district, 
12;  in  some  state  offices,  1 21-125; 
in  town  offices,  25 
Verdict  defined,  135 
Verrazano,  88 

Veterinary,  state  college  of,  149,  152 
Veto,  of  governor  of  New  York,  116 ; 
of    governors     (state),     391;      of 
mayor,  50-65,  66;     of  the  presi- 
dent, 300—302 
Vice    president,    306—307 ;      duties, 
307  ;  eligibility,  306 ;  salary,  307 ; 
term,  307 
Village,     board    of    education,    34; 
classified,   31;     created   by  legis- 
lature,   95 ;     election   of   officers, 
31;    executive,  33;    judicial,  34; 
legislative,  31 ;  need  of,  28;  presi- 
dent of,  ^^ ;  relation  of,   to  town, 
28;  board  of  trustees,  32 
Milage  government  (table),  38 
Village  meeting,  32;  voters  at,  32 
Votes,  canvassing  of,  168,  385 
Voting,  Australian  system,  167,  169, 


lxxxvi 


INDEX 


384 ;  in  Congress,  275  ;  illegal,  385  ; 
methods  of,  167-168 ;  New  Zealand 
ballot,  57 

War,  declaration  of,  241 

War   department,   316;    powers  of 

Congress,  240 
Warrant,  81;    denned,  135,  357 
Washington, George,  in  constitutional 


convention,     182;      inauguration 

of,  191 
Water  supply,  36,  45 
Weights  and  measures,  240 
Women,  as  voters    in    New   York, 

160,  v ;  as  voters  in  several  states, 

160,  382 
Workmen's  Compensation  Act,  in, 

appendix,  v 


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